Domain: natlawreview.com
Stories and comments across the archive that link to natlawreview.com.
Stories · 3
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Illinois Supreme Court Rules Against Six Flags in Lawsuit Over Fingerprint Scans, Says Actual Harm Unnecessary For Biometric Case (chicagotribune.com)
The family of a teenager whose fingerprint data was collected in 2014 when he bought a season pass to Six Flags Great America had the right to sue the amusement park company under an Illinois privacy law, the state Supreme Court ruled Friday. Chicago Tribune reports: The case is being closely watched by tech giants such as Facebook, who have pushed back against the Illinois Biometric Information Privacy Act (BIPA). The law requires companies collecting information such as facial, fingerprint and iris scans to obtain prior consent from consumers or employees, detailing how they'll use the data and how long the records will be kept. It also allows private citizens to sue, while other states let only the attorney general bring a lawsuit.
The opinion, which overturns an appeals court ruling in favor of Six Flags, has the potential to effect biometrics lawsuits playing out in courtrooms across the country. The Illinois law is one of the strictest of its kind in the nation and has turned the state into a hotbed of lawsuits over alleged misuses of biometric data. Privacy experts say protecting that type of information is critical because, unlike a credit card or bank account number, it's permanent. The National Law Review adds: In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an "aggrieved" person and be entitled to seek liquidated damages, attorneys fees and costs, and injunctive relief under the Act. Potential damages are substantial as the BIPA provides for statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation of the Act. To date, no Illinois court has interpreted the meaning of "per violation," but the majority of BIPA suits have been brought as class actions seeking statutory damages on behalf of each individual affected. -
Can Tech Workers Skip The Olympics As Easily As Athletes? (networkworld.com)
netbuzz writes: [Network World reports:] "Golfer Jordan Spieth announced this morning that he will not play in the Olympics, citing Zika, meaning the world's top four players in his sport have now opted out of going to Brazil. They're self-employed and answer to no one. But what of the rank-and-file employees who work for major technology companies sending large contingents to Brazil? Are they being asked -- or compelled -- to ignore the risks? Conversely, could women of child-bearing age be denied the opportunity to go at an employer's discretion?" Major vendors like Cisco and GE say they're not making anyone go, though at least one expert says that doing so wouldn't necessarily be a violation of employment law. When asked if anyone declined to go, a Cisco spokesperson said via email: "We're not in a position to confirm whether employees have opted out (that is between them and their manager), but we provide for that option." GE provided a similar response, saying, "No GE employees have opted out of going, but GE employees are free to opt out at any time." Patricia Pryor, an attorney at Jackson Lewis P.C. in Cincinnati who has addressed these issues in a piece for The National Law Review earlier this year, was asked by Network World as well. She says: "Employers are wise to be flexible with travel requirements to Zika-infested areas when they can and when doing so is reasonable. However, there are some jobs where the purpose of the job/or the essential functions of the job require travel to these areas. If it is not reasonable or possible to delay travel to the area, an employer generally can require employees to travel." -
DHS To Extend OPT To 60 Months, Says Employers, Universities, Students Demand It (natlawreview.com)
theodp writes: In August, Federal Judge Ellen Huvelle called BS on 'emergency' changes made by the U.S. Dept. of Homeland Security in 2008 to Optional Practical Training (OPT) that extended the amount of time foreign STEM graduates of U.S. colleges could stay in the country and work ("to alleviate the crisis employers are facing due to the current H-1B visa shortage," as Bill Gates explained it in 2007). "The 17-month duration of the STEM extension appears to have been adopted directly from the unanimous suggestions by Microsoft and similar industry groups," said the Judge in her ruling, which threatened to invalidate STEM OPT extensions in February. But the DHS fired back Monday with a new proposed rule — Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students — that will extend STEM OPT to as much as 60 months (a standard 12-month OPT period, plus two 24-month extensions). Foreign students demand it, explained the DHS, as do public colleges and universities, who "particularly benefit from the payment of tuition by foreign students, especially in comparison to the tuition paid by in-state students." DHS estimates that the proposed rule will affect 634,464 foreign STEM students over the next 10 years.