2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide several open issues, including the proper limitations period, whether the Workers Compensation Act pre-empts BIPA claims and whether BIPA liquidated damages
Earlier this month, the California Senate took up consideration of SB 980, the Genetic Information Privacy Act (“GIPA”), which “would prohibit a direct-to-consumer genetic testing services company from disclosing a person’s genetic information to a third party without obtaining the person’s prior written consent.” As the bill itself acknowledges, the California Consumer Privacy Act of 2018 (the “CCPA”) already regulates the processing of biometric information, including DNA. Other laws such as the federal Genetic Information Nondiscrimination Act of 2008 (“GINA”) and its California counterpart (“CalGINA”) prohibit genetic discrimination. However, there are four key differences in how the GIPA would treat genetic information as compared to the CCPA: (1) the GIPA would create a requirement to obtain written opt-in consent for any disclosure of genetic information to a third party; (2) limit the use of genetic information to the purpose specifically authorized by the individual to whom it pertains; (3) require destruction of the information as soon as this purpose is achieved; and (4) depending on the circumstances, impose criminal as well as civil liability for violations.