Six Ways to Address Privacy Concerns in Biometric Vendor Contracts

The idiosyncrasies of biometric devices and locations are prompting concerns about complying with Illinois’ strict Biometric Information Privacy Act (BIPA) when entering into agreements with the increasing number of vendors in the market. This second and final article in our series on BIPA discusses four key questions and six negotiation points to consider when drafting contracts for biometric technology, and also provides guidance on handling insurance coverage disputes over BIPA class actions. Part one covered recent developments in BIPA case law, settlement trends and court decisions to watch in 2021. See our three-part series on the rise of facial recognition technology: “Uses and Risks” (Jan. 22, 2020); “Mapping the Legal Framework” (Jan. 29, 2020) and “Mitigating Risk” (Feb. 5, 2020).

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