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Matthew Hays is an associate in Dykema's Chicago Office and is a registered patent attorney. Mr. Hays focuses his practice on a broad range of intellectual property matters with an emphasis on patent, trademark and trade secret law. He has experience helping clients obtain patent and trademark protection across a broad range of technologies, including the software, mechanical, and chemical arts. He has also worked to enforce intellectual property rights in litigation and engaged in strategic patent portfolio management and corporate due diligence involving intellectual property assets. While in law school, Mr. Hays was selected as a Chicago Intellectual Property Colloquium Fellow and acted as editor for the Chicago-Kent Journal of Intellectual Property. He obtained his bachelor's degree in Chemical Engineering from the University of Cincinnati.

Passed in 2008, the Illinois Biometric Information Privacy Act (BIPA) regulates collection of biometric markers such as fingerprints or facial metrics. Since its passage, the Illinois BIPA has been used to restrict technology giants and their use of users’ personal information, particularly photographs. To understand the scale of this, Facebook reported in a 2013 whitepaper that its users have uploaded more than 250 billion photos. It was estimated in 2017 that the total number of digital photos stored in electronic databases was around 5 trillion.

Documenting and categorizing the faces of a significant percentage of the world’s population represents a major opportunity for technology and data companies. Ten years into enforcement and a figurative eternity into the technological evolution of the process, the Illinois BIPA has been an unavoidable feature of the big data landscape. Though potentially impactful cases remain pending (or on appeal), technology companies largely have been unable to convince courts that their facial recognition technologies should escape regulation under BIPA. 
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