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California Supreme Court,
9th U.S. Circuit Court of Appeals

Feb. 13, 2020

9th Circuit biometric privacy case denied, but others on the way

The U.S. Supreme Court recently declined to review a 9th Circuit decision involving a class action under the Illinois Biometric Privacy Act. BIPA regulates the collection, use and storage of “biometric identifiers” — defined as retina or iris scans, fingerprints, voiceprints and “scans of hand or face geometry.”

Michael Zeller

Partner
Quinn Emanuel Urquhart & Sullivan, LLP

Email: michaelzeller@quinnemanuel.com

Ari Herbert

Associate
Quinn Emanuel Urquhart & Sullivan, LLP

This article examines recent litigation surrounding the use and collection of biometric data. In January, the U.S. Supreme Court denied a petition for a writ of certiorari from the 9th U.S. Circuit Court of Appeals' decision in Patel v. Facebook, 932 F.3d 1264 (9th Cir. 2019). After the Supreme Court's denial, Facebook announced it had agreed to a settlement in the suit ...

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