This market briefing will provide an overview of the privacy litigation landscape in the US, and provide practical tips for underwriters and insurers to mitigate the risk of wrongful collection and unauthorized disclosure claims.

Description

A major uptick in US privacy litigation filings over the last years have caused concern for insurers and policyholders a like. From biometrics to Metapixel, plaintiffs filing these privacy class actions leverage old laws to address new data collection practices, disclosures and technologies, and have seen general success.

There have been two major cases of note brought under the Illinois Biometric Information Privacy Act (BIPA). In Cothron v White Castle System, Inc. it was decided that a separate claim accrues under BIPA every time a private entity scans or transmits an individual’s biometric identifier or information in violation of the law. In Tims v Black Horse Carriers Inc. it was decided that a five-year limitations period arises to all claims arising under BIPA.

Beyond Illinois, the states of California, Colorado, Connecticut, Utah and Virginia have all passed consumer privacy laws that, once effected, will regulate the use of biometric information and with them will come an increase in the amount of litigation in this area.

Speakers

• Myriah Jaworski, Member Law and Technology, Clark Hill PLC
• Melissa Ventrone, Attorney Cybersecurity, Data Protection and Privacy, Clark Hill PLC