Justin Kay Discusses Washington State’s New Biometric Privacy Law

Chicago partner Justin Kay is quoted in a Bloomberg BNA article, “Washington Biometric Privacy Law Lacks Teeth of Illinois Cousin.”

Washington’s recently enacted biometric privacy law has drawn comparisons to its predecessor, the 2008 Illinois Biometric Information Privacy Act (BIPA), with some privacy attorneys noting that the new law lacks the mechanisms for consumers to sue that are included in BIPA. Justin discusses the issues that result from such legislation, particularly the challenge of finding “the appropriate balance between not stifling innovation and encouraging innovators to act responsibly,” noting BIPA’s private right of action provides “an incentive for the opportunistic to create and exploit” ambiguities in the law.

He also notes recent suits companies have faced under BIPA, and how the newer Washington law (like a similar law in Texas) is likely to receive less attention than BIPA because it does not include a private right of action.