The increased interest of governments, consumer organizations and lawyers in privacy issues creates new and emphasizes old risks for your business if it violates the privacy of its customers, employees or third parties. Knowing some of the current areas where your business could have liability can minimize those risks. Some of the new and newly emphasized areas of privacy protection include:
Biometric Information. Illinois and other states prevent or regulate the collection and use of biometric information of employees, consumers and others, such as fingerprints, photographs and other identification information. Failure to follow the law can expose your business to liability even if there is no financial loss suffered by the suing party.
Credit Card Information. Numerous federal laws, such as the Fair and Accurate Credit Transaction Act (“FACTA”) that prohibits the printing of more than the last five digits of a credit card on a receipt, allow your customer to file suit and collect damages, attorney’s fees and fines even if there is no actual harm.
Access to Facebook. Illinois and other states make it illegal for employers and those in a similar position to demand access to Facebook and other social media accounts of its employees or prospective employees.
International Commerce. With no national law yet, the European Union’s GDP and California law demand strict protection of private information collected by businesses. These laws regulate the private information you can collect and require anyone in the private information collection business adhere to strict limitations and requirements.
The attorneys at Brooks, Tarulis & Tibble, LLC are knowledgeable about Illinois and other states’ privacy requirements and regulations, and can advise you as to what risks your business faces and what actions can be taken to minimize those risks of both state actions and claims by private citizens that seek civil penalties, class action status, and attorney’s fees. Should you have any questions or we can assist you in this regard, please contact us.
This Brief is designed to provide our friends and clients with information regarding the various subject matters covered it is not designed to take place of legal, accounting or other professional advice. If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.