News & Analysis as of

Data Retention Biometric Information Facial Recognition Technology

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

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The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 47

Dechert LLP on

FTC Settles with Rite Aid on its Use of AI and Processing of Biometric Information - The Federal Trade Commission (“FTC”), on December 19, 2023, announced that it had reached a settlement with Rite Aid Corporation (“Rite...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

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On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...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

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

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Biometric Act Has Been A Class Action Nightmare, But Things May Get Better

Although the motivation behind the Illinois Biometric Information Privacy Act – to protect individuals from having their unchangeable, biometric identities stolen or sold to the highest bidder – is noble, the class action...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

BCLP on

Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Settles with Everalbum Over Misuse of Facial Recognition Technology

On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 11, December 2020

Brexit Effects on Trademarks Beginning January 1 - Trademark owners with registrations in EU where the UK is designated should soon receive notification for treatment of registrations and applications following the Brexit...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

Reveal on

Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Whitman Legal Solutions, LLC

Video Surveillance and Facial Recognition

Facial Recognition Technology - For those who are neither a wizard nor a violinist, one of the most unique things they lay claim to is their face.  Faces are so unique that technology can use a person’s face to in lieu of...more

Proskauer - New Media & Technology

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”). BIPA is still the only state biometric privacy statute with a private right of action. It...more

Goulston & Storrs PC

Facial Recognition in Retail: “Attention all Shoppers: We Already Know Everything about You”

Goulston & Storrs PC on

Are you worried that “Alexa” is listening to your conversations? Do you cover your laptop camera with tape and refuse to store your passwords on your devices? Well, it looks like even stepping into the mall may require a...more

Proskauer - New Media & Technology

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

Proskauer - New Media & Technology

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Proskauer - New Media & Technology

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

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