Biometric Privacy Litigation: Coverage Under D&O, E&O, CGL, Cyber and Other Policies

State biometric privacy suits are on the rise. The Illinois Biometric Information Privacy Act (BIPA) was enacted to regulate the collection and storage of biometric information by private entities and covers retina or iris scans, fingerprints, voiceprints, and scans of hand or facial geometry. In the employment context, it requires an employer using biometric information--such as fingerprint scans to clock in and out, access secure areas, or to log in to point-of-sale systems--to have a written policy in place, and to obtain a written release from employees for the collection and use of this information as a condition of employment. Other states have enacted similar laws.

BIPA provides for a $1,000 penalty for each negligent violation, a $5,000 penalty for each willful or reckless violation, and the recovery of attorney's fees and other litigation expenses. As a result, the potential exposure for alleged violations of BIPA can become very costly.

Specialized cyber insurance may be the best bet for companies to defray the costs of litigation. Policyholders may also be able to find general liability and more traditional coverage to cover these risks.

Listen as our authoritative panel provides insurance counsel with an analysis of current trends and developments regarding biometric privacy violation claims and litigation. The program will analyze the current landscape regarding insurance coverage under D&O, E&O, CGL, cyber, and employment practices policies and address coverage issues and gaps related to this litigation.