Drawing on their deep bench of experience across a number of industry verticals, Polsinelli’s cross-disciplinary national Biometric Privacy Law team is experienced in counseling and representing companies on a wide range of issues related to the collection, storage and usage of biometric data. Our Biometric Privacy team has the experience necessary to help companies of all sizes navigate the increasingly treacherous legal landscape in this rapidly expanding area of law.

Litigation

As multiple states move to enact statutes regulating the use of biometric data, the threat of putative class actions looms large over companies across the country. Polsinelli’s litigators have extensive experience representing companies against claims under these statutes, including successful defense of numerous claims filed under the Illinois Biometric Information Privacy Act (BIPA). Our experience includes representing clients in the following industries:

• Health Care
• Pharmaceutical
• Hospitality
• Retail
• Food Service
• Casino/Gaming

As part of our full-picture approach to assessing and defending against biometric privacy claims, our team also counsels clients on their potential recourse against others, such as system vendors and other intermediaries and contractors, as well as other contribution and indemnity rights potentially available to our clients by contract or common law. This includes counseling our clients regarding potential insurance coverage for these claims, as well as potential third-party claims and indemnification from vendors or other sources.

Compliance & Regulatory

Polsinelli’s National Biometric Privacy team also has experience representing information security providers creating and deploying cutting-edge biometric identification solutions. We provide experienced counsel and guidance to clients in all industries to help them ensure their compliance with biometric privacy laws across the United States. Our experience includes:

• Privacy Policy Development – Developing written privacy policies that address the organization’s practices regarding handling biometric data.
• Release and Consent Preparation – Preparing releases and individual consents to the organization’s biometric data policies and practices, including using, storing, and disclosing biometric data.
• M&A Due Diligence – Analyzing biometric privacy law compliance posture of target companies in the context of M&A due diligence.
• Vendor Management – Counseling organizations with respect to vendor biometric privacy practices, including drafting contractual language specific to biometric privacy and security requirements.

The Biometric Privacy team regularly counsels clients on these and other issues in connection with the development of comprehensive privacy and security programs that achieve compliance with myriad state, federal and international data privacy laws.

Labor & Employment

Polsinelli’s National Biometric Privacy team also helps clients navigate the developing landscape of biometric and privacy laws related to their workplaces and employees. BIPA and other comparable laws can create unexpected pitfalls as numerous providers offer time management solutions that utilize employee fingerprints, retina scans, and other biometric identifiers. Biometric identifiers can also secure access to physical locations or confidential materials. While these tools can effectively track productivity and maintain security, they can also create unforeseen liabilities if not thoughtfully implemented.

To this end, our Biometric Privacy team helps clients establish policies and procedures to assist employers in technical compliance with applicable law. The team also advises clients on evaluating vendor agreements to mitigate risk and ensure compliance does not slip through the cracks. When litigation arises, our Labor & Employment attorneys have the deep bench of experience necessary to defend our clients’ interests while also considering our clients’ business objectives throughout all phases of litigation.