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Goldberg Kohn Litigation Principal David Morrison weighs in on a recent case involving alleged violations of the Illinois Biometric Information Privacy Act (BIPA) by xAI’s Grok AI technology.
With the evolution of technology, such as Grok’s AI image feature, comes the evolution of BIPA litigation seeking to protect individuals’ privacy rights in biometric identifiers or biometric information far beyond fingerprint technology that dominated early BIPA litigation, says David. AI companies have been capturing “facial scans” and even “voiceprints” to build their systems. While the sophistication of the technology and exotic forms of biometric identifiers or information may differ from the 2016 lawsuits, the basic elements of the Illinois law remain the same: to collect, store or use biometric identifiers or information of Illinois residents, companies must provide notice, obtain consent and a release, and publish a data destruction schedule. In the frantic AI race, BIPA serves as an important speed limit, he said.
