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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

By Arthur Rooney, Debra R. Bernard, Michael Bleicher, Calvin Cohen, Sara Davey & Mylan Traylor on March 14, 2024
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Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means of discrimination. To that end, GIPA prohibits employers and their agents from directly or indirectly soliciting, requesting, requiring, or purchasing genetic testing and genetic information from a person as a condition of employment or from using such information in a discriminatory manner against an employee or applicant. The statute similarly prohibits insurers from seeking information derived from genetic testing for use in connection with a “policy of accident and health insurance.”

Read the full Update here.

Photo of Arthur Rooney Arthur Rooney

Arthur Rooney’s experience includes nearly 20 years representing employers in employment and labor law matters, particularly in class and collective actions.

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Photo of Debra R. Bernard Debra R. Bernard

Debra Bernard focuses on class action defense of claims under the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and other consumer and privacy claims, as well as other areas of commercial litigation.

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Photo of Michael Bleicher Michael Bleicher

Michael Bleicher counsels and litigates privacy, data security, and First Amendment issues for clients in the technology and communications industries. He has in-depth knowledge of the Electronic Communications Privacy Act (ECPA), Stored Communications Act (SCA), state biometric privacy laws, and other federal and…

Michael Bleicher counsels and litigates privacy, data security, and First Amendment issues for clients in the technology and communications industries. He has in-depth knowledge of the Electronic Communications Privacy Act (ECPA), Stored Communications Act (SCA), state biometric privacy laws, and other federal and state privacy statutes.

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Photo of Calvin Cohen Calvin Cohen

Calvin Cohen counsels clients on compliance with privacy laws and regulations, and represents clients in privacy-related regulatory enforcement actions and litigation matters.

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Photo of Sara Davey Sara Davey

Sara Whaley (Davey) helps clients navigate a diverse range of labor and employment law issues, from preventative counseling and policy development to defending clients at the federal, state, and administrative level.

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Photo of Mylan Traylor Mylan Traylor

Mylan Traylor is an associate in the firm’s Privacy & Data Security practice. Mylan has experience drafting winning dispositive motions, discovery and procedural motions, complaints, and third-party subpoenas in state and federal court. Mylan also has extensive electronic and written discovery experience and…

Mylan Traylor is an associate in the firm’s Privacy & Data Security practice. Mylan has experience drafting winning dispositive motions, discovery and procedural motions, complaints, and third-party subpoenas in state and federal court. Mylan also has extensive electronic and written discovery experience and is familiar with multiple e-discovery platforms.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Perkins on Privacy
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

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