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Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

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Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Alston & Bird

EU Data Protection Regulators Publish Additional Guidance On The EU-U.S. Data Privacy Framework

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Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more

Winstead PC

On July 1, 2024, Texas May Have the Strongest Consumer Data Privacy Law in the United States

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They say everything is bigger in Texas which includes big privacy protection.  After the Texas Senate approved HB 4 — the Texas Data Privacy and Security Act (“TDPSA”), on June 18, 2023, Texas became the eleventh state to...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Bass, Berry & Sims PLC

2024’s New Data Privacy Requirements

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State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect...more

Troutman Pepper

FTC's Sensitive Location Privacy Collection and Sale Expectations: Insights From Data Broker Settlements (and 10 Action Items to...

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Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Vedder Price

Back to the BIPA Norm—Illinois Supreme Court Refuses to Reconsider Cothron Decision

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In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each...more

WilmerHale

Delaware Makes a Dozen States with a Comprehensive Privacy Law

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On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more

Ballard Spahr LLP

OpenAI Class Action Likely to Increase Scrutiny of Webscraping and Data Collection Practices

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Summary - A class action lawsuit filed against OpenAI and its primary investor, Microsoft, seeks damages and injunctive relief for the alleged theft and commercial misappropriation of consumer personal data processed by and...more

Fisher Phillips

FAQs for Businesses as Texas Passes Consumer Privacy Legislation

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Texas became the latest state to pass comprehensive consumer data privacy and security legislation when Governor Abbot signed the Texas Data Privacy and Security Act into law on June 18. It will require businesses to take...more

Wilson Sonsini Goodrich & Rosati

FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices

On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom)....more

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

If You Think “My Health, My Data” Does Not Apply to Your Company, You May Want to Think Again

Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law....more

Morgan Lewis

What Businesses Should Know About State Consumer Privacy Laws

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With the lack of comprehensive federal consumer privacy legislation, states are charting an evolving course for businesses to follow when handling data and information about their customers. Led by California, several other...more

Wyrick Robbins Yates & Ponton LLP

Same Old, Not Quite Same Old: Montana and Tennessee Adopt Comprehensive Privacy Laws, with a Unique Twist in Tennessee

The comprehensive state privacy law trend (and the related trend of enhanced job security for privacy professionals) shows no sign of slowing. Last month the Montana legislature passed the Montana Consumer Data Privacy Act...more

Orrick, Herrington & Sutcliffe LLP

Data Subject Access Requests – 5 Things Your Company Needs to Consider

Both the EU and UK GDPR grant data subjects rights in relation to their personal data. Article 15 gives data subjects the right to access their personal data and increasingly, data subjects are exercising this right by...more

Blank Rome LLP

Have You Heard? Voiceprint Biometric Suits Are on the Rise

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Biometric technology, and the corresponding regulation thereof, has dramatically expanded in recent years. While most people may be familiar with fingerprint scanning and facial recognition, audio recognition has grown...more

Wilson Sonsini Goodrich & Rosati

Colorado AG’s Office Announces Final Colorado Privacy Act Rules: Key Takeaways

On March 15, 2023, the Colorado Attorney General’s (Colorado AG) office released the final version of the Colorado Privacy Act (ColoPA) rules (the final rules), which are based on public comments on the third version of the...more

Fisher Phillips

Iowa Latest State to Pass Consumer Privacy Law: 5 Things Employers Need to Know

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Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private...more

Troutman Pepper

Colorado AG Enacts Landmark State Privacy Act Rules

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On March 15, Colorado Attorney General Phil Weiser recorded the final version of the Colorado Privacy Act (CPA) Rules, granting Coloradans rights over their own personal data. Effective July 1, the CPA marks the third state...more

Bond Schoeneck & King PLLC

What’s on the Global Horizon for Data Privacy in 2023?

Expect another year of regulatory ambiguity for international data privacy laws in 2023, as the European Commission reviews the EU-US Data Privacy Framework. European Union courts indicate increased scrutiny for behavioral...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Bennett Jones LLP

British Columbia Employer Found Vicariously Liable for Data Breach

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The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

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