#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
Amendments to the Illinois Biometric Information Privacy Act Would Dramatically Affect Accrual of Damages - The Illinois Legislature approved Senate Bill 2979 (“S.B. 2979”) to amend the Biometric Information Privacy Act...more
NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
Editor’s Note: As the summer months come to an end, there has been no shortage of privacy news and updates. Oregon signed both a comprehensive privacy law and data broker law, and the SEC adopted new rules regarding the...more
Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
Two recent actions by the Federal Trade Commission (“FTC”) reveal a potentially significant shift in its regulatory and potential prosecutorial focus to companies that use, obtain, share, disclose, disseminate, and/or store...more
On May 18, 2023, the Federal Trade Commission (FTC) adopted a Policy Statement on biometric information that details its “significant concerns” arising from the increasing use of biometric information and technologies that...more
While States like Illinois, Texas, and Washington focused on opt-in consent; the FTC is focused on clear and conspicuous disclosures and accounting and planning for foreseeable harms related to the collection of biometric...more
The FTC recently published a policy statement with its enforcement priorities for the misuse of biometric information. To be clear, there are no new federal laws that specifically regulate the collection or use of biometric...more
On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more
Editor’s Note: The U.S. Marshals Service suffered a data breach, demonstrating that no one is immune from such an occurrence. In regulatory news, government agencies remained focused on privacy, as the SEC proposed amendments...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
The Proposed EU-U.S. Data Privacy Framework Faces Potential Obstacles - On February 14, 2023, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (the “EP Committee”) released a draft opinion...more
2022 has been a busy legislative year for privacy. Dozens of states considered consumer privacy bills, two states enacted privacy consumer bills and California released proposed California Consumer Privacy Act (CCPA)...more
In this month’s Privacy & Cybersecurity Update, we examine the Illinois Supreme Court’s decision in a case involving workers compensation and the state’s Biometric Information Privacy Act, U.K. data transfer regimes before...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
Biometric technology data is generated more frequently these days in private and professional settings as authentication methods like fingerprint scanning, facial recognition, and voice recognition are becoming standard on...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
Class actions brought under the Illinois Biometric Information Privacy Act (BIPA) continue to trend upward in favor of plaintiffs. Enacted in 2008, BIPA regulates the collection, use, storage, retention, and destruction of...more
Companies considering facial recognition technology must weigh benefits against possible civil rights and privacy risks- The biometric data industry is growing rapidly, with the global facial recognition market alone...more
Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more
California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use...more
Florida Introduces BIPA Legislation - A Florida state senator has introduced an identical version of the Illinois Biometric Information Privacy Act (BIPA)....more