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Private Right of Action Privacy Laws

Sheppard Mullin Richter & Hampton LLP

Vermont Governor Vetoes Comprehensive Privacy Bill

Governor Phil Scott has vetoed the state’s proposed comprehensive privacy law. In rejecting the bill, he stated he was worried it created an “unnecessary and avoidable level of risk.” He had concerns in three areas....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

McDermott Will & Emery

Mixing Things Up Like a Certain Ice Cream Maker: Vermont Passes Consumer Data Privacy Law

McDermott Will & Emery on

Just past midnight on May 11, 2024, the Vermont Legislature passed H.121, the Vermont Data Privacy Act (VDPA). If signed into law, the VDPA would become the most onerous state comprehensive privacy law in the country. Among...more

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

Mintz on

In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

Mayer Brown on

Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Osano

The American Privacy Rights Act (APRA): What to Expect?

Osano on

The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more

McDermott Will & Emery

Go Big Red! Nebraska Passes Consumer Data Privacy Law

McDermott Will & Emery on

On April 12, 2024, the Nebraska Legislature passed the Data Privacy Act (NEDPA), sending the bill to Governor Jim Pillen’s desk for signature. NEDPA adds to the patchwork of state consumer privacy laws in that it does not...more

Mintz - Privacy & Cybersecurity Viewpoints

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more

Farella Braun + Martel LLP

Federal APRA Faces Uphill Battle

Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more

Klein Moynihan Turco LLP

New Federal Privacy Bill Gains Momentum

Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Klein Moynihan Turco LLP

New York Privacy Law Status Update

The latest version of the New York (“NY”) State Privacy Law (“S365B”) is continuing to make its way through the NY State Assembly. As readers of this blog know, members of the NY State Senate have been trying to get a version...more

Gardner Law

New Jersey Passes Comprehensive Consumer Privacy Law

Gardner Law on

New Jersey recently became the first state to pass a comprehensive privacy law in 2024. New Jersey is the thirteenth state to pass such a law—and yet another comprehensive privacy law is making its way through New Hampshire’s...more

WilmerHale

Year in Review: 2023 TCPA Litigation

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

King & Spalding

Is Illinois’ GIPA the Next BIPA?

King & Spalding on

Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

Eversheds Sutherland (US) LLP

Illinois plaintiffs’ attorneys find new tool in old genetic privacy law

Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more

Davis Wright Tremaine LLP

U.S. District Court Holds That BIPA's Liquidated Damages Are Discretionary

The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more

Cozen O'Connor

A Guide to Canada’s New Proposed Privacy Law

Cozen O'Connor on

Bill C-27, the Digital Charter Implementation Act, proposes new legislation that will significantly impact the Canadian privacy law landscape. The omnibus bill – which is a second reiteration of the former Bill C-11 (which...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Wash. Health Privacy Bill May Affect Cos. Across Industries

In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more

Constangy, Brooks, Smith & Prophete, LLP

Oregon to become next state to enact comprehensive data privacy law

Oregon will soon join Iowa, Indiana, Florida, Montana, Texas, and Tennessee in passing a comprehensive data privacy law. On June 25, the Oregon legislature passed the Oregon Consumer Privacy Act. The OCPA has moved to the...more

Mintz - Privacy & Cybersecurity Viewpoints

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more

Perkins Coie

New My Health My Data Act Part 2: Consumer Rights and Business Obligations

Perkins Coie on

As detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act (the Act) into law on April 27, 2023. The Act is a first-of-its-kind law that creates new privacy...more

Sheppard Mullin Richter & Hampton LLP

My Health My Data Act: Scope of the Law

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more

Proskauer on Privacy

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

Proskauer on Privacy on

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more

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