A Sword and a Shield: How Existing and Proposed Statutes Protect Biometric Information, and the Effect of these Statutes on Insurance Coverage

Since the passage of Illinois’ seminal Biometric Information Privacy Act (BIPA) in 2008, many states and municipalities have followed suit. These statutes – and proposed statutes – offer both proactive and reactive measures to protect individuals’ biometric identifiers. 

This presentation will discuss the groundwork for these protections laid out by BIPA, how other states have used BIPA as a framework for their own biometric privacy laws, proposed biometric privacy laws making their way through state legislatures (specifically New York’s Biometric Privacy Act), and implications for policyholders seeking insurance coverage for alleged violations of such acts.