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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
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
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
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
On October 15, the Utah Department of Commerce’s Consumer Protection Division published a Proposed Rule implementing elements of the Utah Social Media Regulation Act (SMRA), which was signed into law in March 2023....more
Bill C-27, the Digital Charter Implementation Act, proposes new legislation that will significantly impact the Canadian privacy law landscape. The omnibus bill – which is a second reiteration of the former Bill C-11 (which...more
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more
If you've been on the Web lately (and we all have), you've probably seen a site with a chat feature. Consumers in several cases have attempted to use those chat features as a basis for liability under a California privacy...more
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more
This spring, Utah legislators gave parents new legal tools to control use of social media by children and teens, including introducing a private right of action with statutory damages.To comply, social media companies will...more
Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...more
U.S. states are moving to also regulate social media as social media laws—such as Utah’s which requires prior parental consent for those under the age of 18—in addition more broadly regulating data protection and personal...more
Anyone following consumer privacy trends is likely aware of the wave of consumer litigations filed against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session...more
On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more
The Attorney General for the State of Texas recently filed suit against Meta (formerly Facebook) alleging that the company violated the Texas Capture and Use of Biometric Identifier Act (“CUBI”) and the Texas Deceptive Trade...more
Last week’s blog detailed the wave of state legislation that occurred in the U.S. during 2021. It is no surprise that there were also many data privacy developments abroad. It is crucial that organizations affected by...more
Bill 64 largely tracks with already existing privacy regulations in other jurisdictions and will take effect over the course of the next three years, with some provisions taking effect in September 2022. On September 21...more
An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more
Countries all over the globe have been changing their data privacy landscape to account for the information protection required in the digital age. Organizations are handling large amounts of personal data gathered from...more
On July 7, 2021, Governor Jared Polis officially signed the Colorado Privacy Act (“CPA”) into law, after the bill had passed both the Colorado House and Senate in June. The effective date of the CPA is July 1, 2023....more
New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...more
This is the seventh alert in a series of Bradley installments on privacy and cybersecurity developments arising from the COVID-19 pandemic... Sen. Mark Warner (D-Va.) has re-introduced a bill to create the Public Health...more
Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more
Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more