Tyler Newby on Personally Identifiable Information

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

3/7/2023 / Biometric Information , Biometric Information Privacy Act , Data Collection , Employer Liability Issues , Employment Litigation , Fingerprints , IL Supreme Court , Illinois , Personally Identifiable Information , Privacy Laws , State and Local Government

To Pay or Not to Pay: Five Critical Approaches to Beating a Ransomware Threat

It’s the call you hope you never get. Your company has been hit with a ransomware attack. Your systems are offline. Your customer data was stolen by an unknown threat actor who is threatening to leak it. You have lots of...more

4/1/2022 / Cyber Attacks , Cyber Crimes , Cybersecurity , Cybersecurity Information Sharing Act (CISA) , Data Protection , Extortion , FBI , FinCEN , Hackers , Information Technology , Office of Foreign Assets Control (OFAC) , Personally Identifiable Information , Ransomware , Risk Management

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

1/30/2019 / Actual Injuries , Amusement Parks , Appeals , Article III , Biometric Information , Biometric Information Privacy Act , Data Collection , Data Privacy , Fingerprints , IL Supreme Court , Injunctive Relief , Liquidated Damages , Parental Consent , Personally Identifiable Information , Private Right of Action , Putative Class Actions , Risk Mitigation , Standing , Statutory Violations

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

7/13/2018 / Appeals , Breach of Contract , Data Breach , Data Privacy , Data Security , Discovery , Dismissals , Economic Loss Doctrine , Former Employee , Fraudulent Charges , Hackers , Motion for Summary Judgment , Personally Identifiable Information , Property Theft , Putative Class Actions , Unjust Enrichment

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

6/27/2018 / Appeals , Article III , Class Action , Cybersecurity , Data Breach , Debit and Credit Card Transactions , Fraudulent Charges , Identity Theft , Injury-in-Fact , Negligence , Personally Identifiable Information , Pleading Standards , Popular , Remand , Standing , Subject Matter Jurisdiction , Vacated

EU GDPR eDiscovery — Top Ten Tips for Litigators

Overview (10. – 6.) - 10. The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. It applies to the processing of “personal data” of EU citizens and residents (a/k/a “data...more

6/20/2018 / Consent , Data Collection , Data Privacy , Data Protection , Data Subjects Rights , e-Discovery , Electronically Stored Information , Encryption , EU , EU Data Protection Laws , Exceptions , General Data Protection Regulation (GDPR) , International Data Transfers , Personal Data , Personally Identifiable Information , Popular , Third-Party Service Provider

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

3/12/2018 / Article III , Consumer Fraud , Corporate Counsel , Customer Information , Cyber Attacks , Data Breach , Hackers , Identity Theft , Injury-in-Fact , Internet Retailers , Motion to Dismiss , Personally Identifiable Information , Putative Class Actions , Retail Market , Standing , Zappos

5 Takeaways from the FTC’s First COPPA Settlement Over Internet-Connected Toys

The Federal Trade Commission on Jan. 8 announced its first settlement of alleged violations of the Children’s Online Privacy Protection Act arising from internet-connected toys. The FTC complaint against VTech followed the...more

1/24/2018 / Children's Products , Children's Toys , Connected Items , COPPA , Data Breach , Data Collection , Data Security , Federal Trade Commission (FTC) , Internet of Things , Online Safety for Children , Personally Identifiable Information , Popular , Regulatory Violations , Settlement

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

12/7/2017 / Appeals , Article III , Consumer Privacy Rights , Data Collection , ESPN , Internet , Internet Streaming , Personally Identifiable Information , Roku , Standing , Television Programming , VPPA

Equifax Breach: 3 Immediate Steps Leading Companies Are Taking To Respond

Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers, announced in September that it had suffered a data breach exposing personal information of up to 143 million...more

9/25/2017 / Breach Notification Rule , Credit Reporting Agencies , Cyber Attacks , Cybersecurity , Data Breach , Emergency Management Plans , Equifax , Hackers , Personally Identifiable Information , Popular , Risk Management

Eighth Circuit Holds Data Breach Plaintiffs Must Allege Actual Injury to Establish Standing

The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more

9/8/2017 / Article III , Corporate Counsel , Data Breach , Debit and Credit Card Transactions , Grocery Stores , Hackers , Identity Theft , Injury-in-Fact , Personally Identifiable Information , Standing

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

8/28/2017 / Article III , Bitcoin , Breach of Contract , Breach of Implied Contract , Corporate Counsel , Data Breach , Gambling , Hackers , Personally Identifiable Information , Popular , Privacy Policy , Putative Class Actions , Scottrade , Standing , Stock Prices , Unjust Enrichment

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

5/9/2017 / Article III , Corporate Counsel , Credit Cards , Data Breach , Fraudulent Charges , Hackers , Identity Theft , Malware , Michaels , Personally Identifiable Information , Pleading Standards , Popular , Putative Class Actions , Retail Market , Standing

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

5/3/2017 / Article III , CNN , Corporate Counsel , Data Collection , Digital Media , Injury-in-Fact , Mobile Apps , Personal Data , Personally Identifiable Information , Popular , Prior Express Consent , Putative Class Actions , Spokeo v Robins , Standing , Subscribers , VPPA , Web Tracking

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

2/23/2017 / Actual Injuries , Article III , Corporate Counsel , Data Breach , Future Harm , Identity Theft , Medical Records , Personally Identifiable Information , Pleadings , Privacy Act of 1974 , Split of Authority , Standing , Summary Judgment , Young Lawyers

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

1/25/2017 / Appeals , Article III , Blue Cross , Blue Shield , Class Action , Consumer Reporting Agencies , Cookies , Data Breach , De Facto Injury , Dismissals , Fair Credit Reporting Act (FCRA) , Health Insurance , Personally Identifiable Information , Pleadings , Reversal , Standing , Statutory Rights , Unauthorized Disclosure , Web Browsers

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

9/20/2016 / Article III , Class Action , Corporate Counsel , Data Breach , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Insurance Industry , Nationwide Insurance Co. , Personally Identifiable Information , Popular , Standing

Litigation Alert: The Eighth Circuit Applies Spokeo to Reject Standing for Technical Violation of Privacy Statute

Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more

9/14/2016 / Article III , Cable Television Providers , Class Action , Corporate Counsel , Injury-in-Fact , Personally Identifiable Information , Privacy Concerns , Spokeo v Robins , Standing

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

1/21/2013 / Advertising , Behavioral Advertising , COPPA , Data Collection , Federal Trade Commission (FTC) , Internet Service Providers (ISPs) , Mobile Apps , Notice Requirements , Parental Consent , Personally Identifiable Information , Safe Harbors , Social Media , Websites

Tyler Newby

Fenwick & West LLP

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