The Who, Why, and Where of Biometric Privacy Litigation: An Empirical Analysis of BIPA Cases 2015-2024
The Antitrust Source, 2025
Technologies like fingerprint and facial recognition software, commonly referred to as “biometric technologies,” have experienced rapid adoption in the US over the last decade. As these technologies have proliferated, so has litigation over the collection, storage, and use of biometric data. Privacy and security concerns have led to legal actions against employers and service providers, primarily under the Illinois Biometric Information Privacy Act (BIPA), the first biometric privacy law with a private right of action in the country.
To provide insight into recent developments and trends in BIPA litigation, Analysis Group Managing Principal Jee-Yeon Lehmann, Vice Presidents Lolo Palacios and Shannon Seitz, and Associate Blake Fensom analyzed more than 900 BIPA cases filed in federal courts between 2015 and 2024. In an article titled “The Who, Why, and Where of Biometric Privacy Litigation: An Empirical Analysis of BIPA Cases 2015-2024," published in The Antitrust Source, the authors identify key characteristics of those cases, highlight important takeaways from federal rulings and legislative changes, and describe the potential impact of these trends on litigation and compliance risks that businesses may face over the collection and use of biometric data. They conclude that “outcomes from BIPA-related matters are continuing to shape the way biometric cases are litigated in the U.S.” and underscore that “biometric information stakeholders must stay up to date on its most recent developments and applicability to biometric information that they may be collecting or storing.”
Authors
Fensom B, Lehmann J, Palacios L, Seitz S