The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more
7/12/2024
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Damages ,
Data Collection ,
Data Privacy ,
Information Technology ,
Putative Class Actions ,
Social Media ,
Technology Sector
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more
Governor Tina Kotek signed the Oregon Consumer Privacy Act (OCPA or the Act) into law on July 18, 2023. The OCPA goes into effect on July 1, 2024. Oregon follows 11 other states that have enacted consumer privacy protections,...more
7/25/2023
/ Consumers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more
10/18/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
IL Supreme Court ,
Personally Identifiable Information ,
Summary Judgment ,
Written Consent
California has the most comprehensive privacy law in the United States. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and regulates any “business” that does business in California. The CCPA...more
5/16/2022
/ Business Litigation ,
California ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Settlement ,
State Privacy Laws
Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more
3/2/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General ,
Texas
The nation’s latest biometric privacy law will go into effect in New York City this week.
What Is the Ordinance?
New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates...more
7/13/2021
/ Biometric Information ,
Compliance ,
Data Collection ,
Data Privacy ,
Exceptions ,
Local Ordinance ,
New Legislation ,
New York ,
Noncompliance ,
Penalties ,
Privacy Policy ,
State and Local Government
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
1/29/2021
/ Algorithms ,
Biometric Information ,
Data Collection ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Mobile Apps ,
Policy Violations ,
Regulatory Oversight ,
Risk Factors ,
Settlement
Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition...more
In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more
2/5/2020
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Databases ,
Employer Liability Issues ,
Facial Recognition Technology ,
IBM ,
Law Enforcement ,
New Legislation ,
Putative Class Actions
Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more
1/3/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Injury-in-Fact ,
Photographs ,
Standing ,
Subject Matter Jurisdiction