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Biometric Information State and Local Government Privacy Laws

Sheppard Mullin Richter & Hampton LLP

The Privacy Patchwork: Beyond US State “Comprehensive” Laws

We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more

Sheppard Mullin Richter & Hampton LLP

BIPA Reform Watch – Illinois Legislature Eliminates “Per-Scan” Damages

For the first time since 2008, BIPA reform is in the air. On May 16, 2024, the Illinois House of Representatives overwhelmingly approved Senate Bill 2979, which paves the way for final passage to Governor J.B. Pritzker’s...more

Schwabe, Williamson & Wyatt PC

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more

Perkins Coie

CT Attorney General Highlights Key Areas of Enforcement, Suggests Legislative Changes

Perkins Coie on

Connecticut was one of the first U.S. states to pass a comprehensive data privacy law back in May 2022. Today, a total of 13 states have passed similar laws, and dozens of other states are proposing legislation to do so as...more

Sheppard Mullin Richter & Hampton LLP

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 1, January 2024

The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more

Perkins Coie

Washington State’s New My Health My Data Act Will Likely Result in Insurance Coverage Disputes

Perkins Coie on

Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes. The measure is intended to protect...more

Perkins Coie

New My Health, My Data Act Part 1: Washington State Joins the Biometric Litigation Fray

Perkins Coie on

Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for...more

Spilman Thomas & Battle, PLLC

It’s Not Just Illinois Anymore. Biometric Identifier Laws Increase Across US

Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more

Fenwick & West LLP

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

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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

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more

Spilman Thomas & Battle, PLLC

The Evolution of Biometric Data Protection Bills – Updates from Maryland and Mississippi

Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...more

Perkins Coie

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

Perkins Coie on

In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the Illinois Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more

UB Greensfelder LLP

Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar Claims Under BIPA

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The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires employers to notify employees and other individuals before collecting their biometric identifiers such as fingerprints (...read our last...more

Sheppard Mullin Richter & Hampton LLP

Baltimore Blows By Brother Burghs with Big Biometrics Ban

Baltimore recently prohibited several uses of “face surveillance” technology. Under the new law companies cannot use systems that identify or verify individuals based on their face. The law also prohibits saving information...more

Ballard Spahr LLP

A Comparison Of The Virginia, Washington, And Florida Proposed Privacy Bills

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After a pandemic-related hiatus in 2020, a number of U.S. states have proposed new data privacy laws in 2021 – and several are very close to passage. Virginia’s proposed data privacy law appears to be the closest and is...more

Davis Wright Tremaine LLP

Virginia Poised to Enact Comprehensive Consumer Privacy Law

Virginia's legislature has set the stage for the Commonwealth to join California as one of two states with comprehensive consumer privacy legislation. The Virginia Consumer Data Protection Act (VCDPA) pulls certain policy...more

Morgan Lewis

Data Privacy Bill Introduced in Washington State

Morgan Lewis on

Washington may be the next state to enact its own data privacy law after a bill was introduced into the Washington State Senate earlier this month. Known as the Washington Privacy Act, the bill’s sponsor, Sen. Reuven Carlyle,...more

Shook, Hardy & Bacon L.L.P.

Florida’s Proposed Privacy Legislation: An In-Depth Analysis for Corporate Counsel

The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more

The Volkov Law Group

California Sunshine — The California Consumer Privacy Act (Part I of II)

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When the federal government fails to assume responsibility for establishing law and policy in important federal areas of jurisdiction, the individual states then spring into action to fill the vacuum. ...more

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