Christopher Dean cited in Bloomberg Law
McDonald Hopkins member Christopher Dean was quoted by Bloomberg Law reporters Jake Holland and Bernie Pazanowski in the recent piece "Apple Must Face Claim App Violates Illinois Biometric Law (1)." The story examines a class action filed in an Illinois Federal Court claiming Apple Inc.'s facial recognition in its Photos app violates the Illinois Biometric Information Privacy Act.
Holland and Pazanowski write that Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illionois will consider one of three original BIPA claims against Apple. While two were sent back to state court for lack of jurisdication, "the plaintiffs’ claim that the app violates the statute by collecting and storing their biometric identifiers and information without consent survived.
"The case illustrates the issue of 'Article III' standing in BIPA cases, attorneys say. To meet Article III standing and proceed in federal court, a claim must show “concrete and particularized' injury."
“The line is drawn for purposes of a concrete and particularized claim when the conduct that’s being challenged uniquely affects the individual plaintiff as opposed to affecting the public in general."
Read the full story at Bloomberg Law.