New York’s proposed data privacy law failed to materialize in the latest legislative session and is now presumed dead. New York was one of a number of states that proposed sweeping privacy legislation after the enactment of...more
7/19/2019
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Duty of Care ,
Duty of Loyalty ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government
In April 2019, the California Assembly Privacy and Consumer Protection Committee rejected a proposal known commonly as the “Privacy for All Act” (AB-1760), which among other things would have provided a private right of...more
Following the speedy enactment of the California Consumer Privacy Act (CCPA or Act) in June 2018, business and consumer advocates alike have been pressuring California lawmakers to clarify the many ambiguities raised by the...more
5/16/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Exemptions ,
Information Sharing ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more
1/30/2019
/ Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Standing ,
Statutory Violations
The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more
1/29/2019
/ Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Standing ,
Statutory Violations
The Pennsylvania Supreme Court has drastically changed the data breach litigation landscape by holding that an employer has a common law duty to use reasonable care to safeguard its employees' personal information stored on...more
11/28/2018
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Employment Litigation ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care
On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA)....more
If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more
1/26/2017
/ Advertising ,
Data Collection ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Mobile Devices ,
Section 5 ,
Technology ,
Tracking Systems ,
Transparency ,
Web Tracking
The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more
1/13/2017
/ Cookies ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
e-Privacy Directive ,
Electronic Communications ,
EU ,
Facebook ,
Fines ,
General Data Protection Regulation (GDPR) ,
Google ,
Metadata ,
Mobile Apps ,
Prior Express Consent ,
Privacy Laws ,
Telecommunications ,
WhatsApp
The FTC has announced enforcement actions against two app developers that allegedly violated the Children’s Online Privacy Protection Act (COPPA) by using persistent identifiers to serve advertising to children. The...more