On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more
The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user...more
8/1/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Facial Recognition Technology ,
Personal Data ,
Personally Identifiable Information ,
Settlement
Minnesota becomes the latest state to move to pass legislation regulating the processing and controlling of personal data (HF 4757 / SF 4782). If signed into law by Governor Tim Walz, the Minnesota Consumer Data Privacy Act,...more
On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy...more
3/14/2024
/ COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personal Information ,
Personally Identifiable Information ,
State Attorneys General ,
Websites
In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that...more
In a landmark decision that will have widespread effects, the Illinois Supreme Court ruled that a claim accrues each time—rather than just the first time—that data is collected in violation of the Biometric Information...more
With Colorado joining California as the only other state with rules implementing a comprehensive privacy law, businesses and practitioners have been anxiously watching to see whether a California-compliant privacy policy...more
2022 proved to be an historic year for privacy and data security. Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states. For the first...more
With its draft rules, Colorado has set forth a new model for state privacy laws. While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as...more
On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that...more
In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more. The lawsuits focus on the use...more
The jury returned a verdict in favor of the plaintiffs in the first trial for violations of the Illinois Biometric Privacy Act (“BIPA”), which was conducted in the District Court for the Northern District of Illinois. Rogers...more
The first jury trial for violations of the Illinois Biometric Privacy Act (“BIPA”) is underway in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury will decide...more
In a surprising development, the California Privacy Protection Agency (CPPA) published proposed amendments to the CCPA regulations recently. The proposed amendments were initially made public in a package of materials to be...more
On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the New York Biometric Privacy Act. If New York passes AB 27, it will join Illinois, Texas, and Washington as...more
The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”)....more
On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more
8/21/2020
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Members ,
Corporate Counsel ,
Data Collection ,
Evidentiary Hearings ,
Facebook ,
Facial Recognition Technology ,
IL Supreme Court ,
Popular ,
Statutory Damages
On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”). While most of the changes are...more
Businesses subject to the California Consumer Privacy Act (“CCPA”) that have begun exploring the possibility of collecting data from visitors to their facilities to track potential coronavirus exposure and to allow/deny entry...more
On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA). The modified regulations incorporate amendments to the CCPA signed into...more
2/11/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or...more
10/22/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Request For Information ,
Rulemaking Process ,
State and Local Government ,
Two-Step Verification ,
Verification Requirements
To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal...more
10/18/2019
/ Attestation Requirements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday. The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more
10/11/2019
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Sharing ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several...more
9/17/2019
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
At what has been described as a marathon hearing that lasted late into the night of July 9, the California Senate Judiciary Committee advanced several amendments to the California Consumer Privacy Act (the “CCPA”), but major...more
7/11/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Rulemaking Process