![]() Thus, a critical distinction exists between general voice data, which is not covered by BIPA, and voiceprints, which fall under the scope of Illinois’ biometric privacy statute-with the important dividing line being the identifying quality of the data. In this respect, courts have noted that voice biometrics, also known as voiceprinting, is the use of biological characteristics-one’s voice-to verify an individual’s identity. It is this hallmark of identifying (or verifying) the identity of an individual that makes voice data a “voiceprint” under BIPA. “Voiceprint” is generally defined as a distinctive pattern of curved lines and whorls made by a machine that measures human vocal sounds for the purpose of identifying an individual speaker. This newest trend in BIPA litigation provides several important takeaways for entities that collect and use voice data in their operations and that are now for the first time finding themselves in the crosshairs of biometric privacy class actions.īIPA’s application to voice-powered technologiesīIPA regulates the collection, use, and storage of “biometric identifiers,” which includes-among other things-“voiceprints.” However, the term “voiceprint” is not defined in Illinois’ biometric privacy statute. Now, companies are in the midst of a second wave of new BIPA filings, this time focused on the use of voice-powered technology. ![]() The first major new wave of BIPA suits in 2021 has focused on the use of facial recognition in connection with virtual try-on technology, which has become extremely popular with online retailers as a result of the Covid-19 pandemic. As many anticipated, in 2021 a much broader range of biometric technologies have been targeted for BIPA class actions as compared to the prior year. For the better part of 2020, class action lawsuits filed under the Illinois Biometric Information Privacy Act (“BIPA”) focused on the use of fingerprint biometrics for employer time and attendance purposes.
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