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Amazon emerged victorious over possible BIPA violations lawsuit

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

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shareholders complaint Amazoncom Inc citing probable violations Illinois

A shareholder's complaint against Amazon.com Inc., citing probable violations of the Illinois Biometric Information Privacy Act (BIPA), was dismissed. According to Judge Ian S. Birk of the Washington Court of Appeals, the shareholder, Aleta Thompson, brought her case under the Delaware General Corporation Law but failed to allege that Amazon had engaged in any misconduct.

Thompson noted four previous lawsuits, including Vance v. Amazon.com Inc., in which Amazon was accused of violating BIPA. The judge found that these cases did not provide sufficient evidence to compel Amazon to release its information under Delaware law. As a result, Amazon came out on top in the dispute.

The Illinois Biometric Information Privacy Act requires businesses to get informed consent from individuals before collecting, using, or disclosing their biometric data, such as facial recognition or fingerprint scans. The law also requires data protection and empowers individuals to sue companies that breach their privacy rights.

Amazon has faced several lawsuits alleging BIPA violations, including Vance v. Amazon.com Inc. In that case, plaintiffs claimed that Amazon’s use of biometric technology, specifically its “Amazon One” palm recognition system, violated Illinois law. The case is ongoing, and Amazon has denied any wrongdoing.

Thompson’s lawsuit against Amazon highlights the growing concern over biometric data collection and privacy. As more companies incorporate biometric technology into their products and services, lawmakers and regulators are increasingly scrutinizing their practices and policies to ensure that they comply with privacy laws and protect individuals’ rights.

While Thompson's case against Amazon was dismissed, the company's use of biometric technologies and compliance with privacy rules is likely to be scrutinized in the future. Companies will need to stay up to date on the latest developments in the legal and regulatory landscape surrounding biometric data and ensure that they have adequate data protection mechanisms to prevent potential legal liability and reputational loss.

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