BIPA, Privacy Litigation, and Facebook Class Action Settlement: Creating Data Retention Policies and Opt-In Clauses

A live 90-minute CLE video webinar with interactive Q&A

Thursday, August 19, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide corporate counsel with guidance on the current state of the law and mitigating the risk associated with litigation like In re Facebook Biometric Information Privacy Litigation. The $650 million Facebook and other recent settlements have an immediate impact on technology and other companies that retain biometric data, particularly photographs, and these settlements provide guidance regarding the collection, use, safeguarding, handling, storage, retention, and destruction of such biometric data. The panel will discuss best practices to mitigate future risk, including developing a data retention policy and opt-in program.


Class actions brought under the Illinois Biometric Information Privacy Act (BIPA) trend in favor of plaintiffs. Enacted in 2008, BIPA regulates the collection, use, storage, retention, and destruction of biometric identifiers and information. A biometric identifier is a physically unique characteristic used to identify an individual, including a fingerprint, voiceprint, scan of hand, or face geometry or retina scan.

In a prior ruling, the Illinois Supreme Court held in Rosenbach v. Six Flags Ent. Corp. that individuals can pursue statutory damages for technical violations of BIPA even when no actual harm is alleged or sustained. The decision opened the door for increased BIPA class actions, targeting employers that use biometric technology (typically fingerprints) for timekeeping purposes. Rosenbach v. Six Flags Ent. Corp recently settled for $36 million.

Litigation is just getting started under the California Consumer Privacy Act (CCPA), which grants consumers new rights regarding their personal information, including the right to know what information businesses collect from them, the right to withdraw the disclosure of their data to third parties, and the right to access and request deletion of their data.

The recent $650 million settlement with Facebook and $36 million settlement with Six Flags over BIPA violations showcases the statute as a powerful and effective tool for private plaintiffs to protect the privacy rights they have concerning their biometric data. As a result, corporate counsel need to be prepared with data retention policies and properly-noticed opt-in clauses in the event their clients are collecting this type of data.

Listen as our expert panel discusses the state of the law, the Facebook settlement, best practices for creating data retention policies and opt-in clauses, and the implications of biometrics to the future of privacy litigation.



  1. Overview of BIPA and data concerns
  2. Recent decisions on BIPA
  3. Settlements
    1. Facebook
    2. Six Flags
  4. Best practices


The panel will review these and other key issues:

  • How do claims alleging breach of privacy under BIPA differ from claims about data breaches?
  • What constitutes a "violation" under BIPA?
  • What does the Facebook settlement mean for other online companies' use of biometric data?
  • What are best practices for using biometric data by national and international companies?


Biderman, David
David T. Biderman

Perkins Coie

Mr. Biderman focuses his practice on mass tort litigation and consumer class actions. He heads the firm's Mass...  |  Read More

Dolph, Ada
Ada W. Dolph

Seyfarth Shaw

With 17 years of experience as a labor and employment litigator with Seyfarth Shaw, Ms. Dolph is an advisor to clients...  |  Read More

Smigielski, Mary
Mary A. Smigielski

Lewis Brisbois Bisgaard & Smith

Ms. Smigielski is head of the firm’s Labor & Employment Practice in Chicago, and co-chair of the firm’s...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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