Suchergebnisse

Biometric technology, used to identify individuals based on their unchangeable and unique attributes such as fingerprints or facial geometry, has become commonplace in modern life. In Illinois, the use of biometric information by private organizations is regulated by the Illinois Biometric Privacy Act ("BIPA"), which came into effect in 2008 as the nation's first state biometric information privacy statute. BIPA is unique in that it includes a private right of action and provides for recovery of liquidated damages where the statute is violated, which has resulted in plaintiffs bringing steadily increasing numbers of class-action suits under the law. This note examines, in three parts, the current circuit split regarding Article III standing in federal courts that has arisen from BIPA litigation where only procedural BIPA violations are alleged (i.e., where there was a technical violation of the law which purportedly caused no direct harm to the plaintiff). It first explores the history and provisions of BIPA and federal litigation brought under the statute. The note next examines federal jurisdiction over BIPA suits, current Article III jurisprudence, and the history of the circuit split, including how standing has been determined in BIPA suits in the Second, Seventh, and Ninth Circuits. Finally, the note hypothesizes how the Supreme Court might resolve this split in a future ruling, analyzes the impact such a resolution could have, and provides an opinion on the correct resolution.

A defining feature of (at least) the last three general elections has been the emphasis placed on each political party's fiscal credibility and their ability to deliver "sound public finances". Applying the logic of household book-keeping, balancing the fiscal budget is said to capture such soundness. There is, however, little evidence that a balanced budget is necessarily sound. Instead, the evolution of public finances depends on (1) both the fiscal choices made on the level of spending and taxation, (2) the underlying growth of the economy which depends on far more than the fiscal decisions, and (3) interest rates on government debt and the financing needs of the government. As the economic situation changes, so too does the likely path of debt to GDP and hence the possible fiscal options open to a country. Sticking to the soundbite of "sound finances" has often distracted from the underlying menu of political choices and as such is a disruptive narrative in UK economics today.

As the COVID-19 pandemic continues to devastate the United States, the federal government has largely failed to implement a national program to prevent and contain the virus. As a result, many employers have undertaken their own workplace coronavirus mitigation efforts. This essay examines, in three parts, the legal framework surrounding employer systems of workplace testing, tracing, and disclosure. It first examines the legal issues surrounding employer-mandated COVID-19 testing and temperature checks, especially issues arising under the Americans with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA). Regarding employer contact tracing efforts, the essay next reviews the multitude of new digital tools and applications designed to aid in contact tracing and how these may implicate various state and federal privacy laws. Finally, the essay looks into employer disclosure of employee infections, including legal ramifications under the ADA, HIPAA, and other privacy laws. Our conclusion: employer testing, tracing, and disclosure programs are legally feasible but require careful planning and execution to protect employee privacy interests.