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Consent Data Collection Biometric Information

Baker Botts L.L.P.

Colorado Attorney General Proposes Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more

Fisher Phillips

Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law: 3 Tips to Stay Protected

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Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first...more

Husch Blackwell LLP

Proposed Draft Amendments to Colorado Privacy Act Rules Published

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Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

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New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Benesch

Illinois Amends Biometric Information Privacy Act to Reign in Liquidated Damages and Permit Electronic Signatures

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The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more

Robinson+Cole Data Privacy + Security Insider

Illinois Biometric Information Privacy Act Amendment May Make Waves in Litigation Trends

Last week, Illinois Governor JB Pritzker signed S.B. 2979 to amend the Biometric Information Privacy Act (BIPA) immediately to define the repeated collection of the same biometric data without consent as a SINGLE, COLLECTIVE...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Fisher Phillips

Breaking BIPA News: Illinois Curtails Massive Damage Awards in Biometric Cases

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Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more

Smith Gambrell Russell

Favorable BIPA Ruling for Defendants from the Northern District of Illinois

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We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung...more

Littler

Implications for Employers of Colorado’s New Biometrics Law

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On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

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Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

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In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Baker Donelson

FTC Publishes Long-Awaited Proposed Updates to the Children's Online Privacy Protection Act (COPPA)

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On December 20, 2023, the Federal Trade Commission (FTC) published its Notice of Proposed Rulemaking to update the Children's Online Privacy Protection Act (COPPA), the latest step in a process that started in 2019 with an...more

Hinch Newman LLP

FTC Advertising Law Alert: Proposed Revisions to the COPPA Rule

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The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more

BakerHostetler

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

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On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

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

Davis Wright Tremaine LLP

Florida Digital Bill of Rights Signed Into Law

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

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The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Foley & Lardner LLP

Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?

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One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these...more

Clark Hill PLC

Each Scan an Accrual: Long-awaited Illinois Supreme Court Decision Renders Risk of BIPA Claims Catastrophic

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On Feb. 17, in a close 4-3 decision, the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004, ruled that a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accrues with every scan...more

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

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The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Seyfarth Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more

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