An Article By Blaine C. Kimrey, Shareholder at Vedder Price

Judge Edmond Chang of the Northern District of Illinois rejected Google’s arguments that application of the Illinois Biometric Information Privacy Act (BIPA) to facial geometry scanning by Google Photos is, on its face, an improper extraterritorial application of Illinois law. See Rivera v. Google Inc., 2017 U.S. Dist. LEXIS 27276 (N.D. Ill. Feb. 27, 2017). Faced with Google’s arguments that the claims would require extraterritorial application of the statute and/or would violate the dormant commerce clause by reaching beyond state boundaries, the court essentially punted, saying that “[d]iscovery is needed to determine whether there are legitimate extraterritoriality concerns.” Id. at *28. The court also rejected Google’s argument that BIPA does not cover facial geometry scans pulled from photographs. Id. at *22. Read More.

Blaine C. Kimrey is a Shareholder in the Litigation practice in Vedder Price’s Chicago office, Chair of the firm’s Media & Entertainment Litigation group and a member of the firm’s Privacy, CyberSecurity & Media group.  Kimrey was co-chair of the NetDiligence Cyber Risk and Privacy Liability Forum June 5-7 at the Hyatt Bellevue in Philadelphia.

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