Coverage For BIPA-Related Lawsuits Continues To Be Litigated

The use of biometric information is becoming more frequent in our society. Whether it is logging on to your phone with your face or fingerprint, or shopping online with a virtual try-on tool, technology is enabling access to information that was not common a decade ago. With the sharing of a person's biometric information to facilitate this access, there is a growing concern as to what protections are available to safeguard that data. Currently, there are more privacy laws being enacted at the federal and state level. While there are many laws addressing biometric information, one of the most frequently cited is the Illinois Biometric Information Protection Act (BIPA). All the latest developments have led to more litigation and, in turn, more requests for coverage for the defense of these claims. Insurers are making decisions, consciously or not, as to whether they want or intend to afford coverage for these biometric privacy claims. This has prompted the filing of many