Rivera v. Google, a recent federal court decision from
the Northern District of Illinois, highlights how challenges to
Article III standing are a versatile and useful tool for corporate
defendants in privacy and cybersecurity litigation. At the same
time, the litigation underscores the significant legal risk faced
by entities that collect biometric information and the consequent
need to proactively assess and mitigate that risk.
Overview of Biometric Privacy Litigation
In recent years, some legislatures have sought to codify the
protection of biometric information that is collected by private
companies. To that end, Illinois, Texas, and Washington each have
statutes aimed at regulating the collection, use, and retention of
biometric information, and New York City is currently considering a
bill with similar impact.
