Extract from David Horrigan's article "Data Privacy Law Update: Federal Law Preempted Illinois Biometric Law -- Up to a Point"
The Illinois Biometric Information Privacy Act (BIPA) has changed the data privacy landscape—especially after the Illinois Supreme Court’s decision last year in Rosenbach v. Six Flags Ent. Corp., where the state’s high court held that a mere violation of the statute, the taking of a 14-year-old’s fingerprints without parental consent, was sufficient to state a claim—even if no other damages were proven.
Well, it turns out Six Flags wasn’t the only business in Illinois taking people’s fingerprints. Bimbo Bakeries USA used fingerprints instead of that 20th century antiquity, the timeclock, to record employee hours.
One of Bimbo’s employees, Lisa Peatry, alleged the company violated BIPA by the way it took her fingerprints. However, unlike in Rosenbach, Bimbo had another legal argument: federal preemption under federal labor law.
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.