News & Analysis as of

Personal Data Personally Identifiable Information Private Right of Action

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

Mayer Brown on

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

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

Blank Rome LLP

Complying with Portland’s Private-Sector Facial Recognition Ban

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The city of Portland, Oregon, made headlines when it became the first jurisdiction in the nation to enact a blanket ban on the use of facial recognition technology (“FRT”) by all private entities physically located within its...more

Jackson Lewis P.C.

Is New York Next? A Comprehensive Consumer Privacy Bill Reintroduced

Jackson Lewis P.C. on

On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more

Lowndes

Florida’s Legislature Takes Gigantic Detour in Privacy Law

Lowndes on

Turns out that Florida’s greatest rivalry is not between FSU and UF. Rather, it appears to be between businesses and consumers. At least, that is how it appears to be if you examine the Florida Legislature’s latest...more

Fisher Phillips

Florida Aims To Mirror California’s CCPA With Proposed Data Privacy Legislation

Fisher Phillips on

Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more

Jackson Lewis P.C.

CPRA Series: Redux On Data Security Requirements And Private Right Of Action

Jackson Lewis P.C. on

The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Stradling Yocca Carlson & Rauth

Class Action Suits Attempt To Stretch Consumers’ Ability To Sue For CCPA Violations

The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Proposed Biometric Privacy Law with Private Right of Action Introduced in New York

A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through...more

Farella Braun + Martel LLP

Proposition 24: California’s Ever-Evolving Privacy Landscape

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24). This measure would expand on...more

Stinson LLP

Healthtech and FinTech Security a Focus of Recent CCPA Litigation and Enforcement

Stinson LLP on

As anticipated by many experts in the field, the data security-focused private right of action under the California Consumer Privacy Act (CCPA) has resulted in claims alleging potential unauthorized access. FinTech data...more

Akin Gump Strauss Hauer & Feld LLP

Senate Commerce Republicans Introduce Broadened Privacy Legislation

On Thursday, September 17, Senate Commerce Committee Chairman Roger Wicker (R-MS) and other Committee Republicans introduced a finalized version of their long-awaited data privacy legislation, which was first unveiled as a...more

BakerHostetler

CA Privacy Law Reboot – CCPA 2.0

BakerHostetler on

The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent...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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2020 #2

Robinson & Cole LLP on

City of Durham, NC Hit With Ryuk Ransomware - Another city—Durham, North Carolina—has become the victim of a ransomware attack stemming from a Russian hacker group following a successful phishing scheme. After falling...more

Robinson+Cole Data Privacy + Security Insider

Litigation Case Claims Violation of CCPA Under Statutory Private Right of Action

One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more

Akerman LLP - Health Law Rx

Is A Federal Privacy Law In The Cards for 2020?

In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

Hogan Lovells on

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

Carlton Fields

How Broad Is the Scope of the CCPA's Standing Provision Under Section 1798.150(a)(1)?

Carlton Fields on

Once the California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, the California courts will be inundated with a litany of interpretive questions. One that will no doubt surface concerns the proper...more

Foley Hoag LLP - Security, Privacy and the...

Move over, CCPA? New York Considers Sweeping Data Privacy Law

New York’s state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the “NYPA” or the “Act”), which is currently being considered by the state...more

Sheppard Mullin Richter & Hampton LLP

Like a Butterfly, Will the CCPA Continue to Evolve?

California legislators have passed many bills to amend the California Consumer Protection Act since the law was passed. Last week there was significant developments in the status of those bills, as we reported. In addition to...more

Faegre Drinker Biddle & Reath LLP

Proposed CCPA Amendments Addressing Insurers (CCPA Meets IIPPA)

In response to numerous comments regarding the California Consumer Privacy Act (CCPA), on February 21, 2019, Assembly Member Tom Daly (D-CA 69th) proposed AB 981, designed to clarify the privacy protection laws applicable to...more

Sheppard Mullin Richter & Hampton LLP

Proposed Massachusetts Consumer Data Privacy Law Takes Lessons From Illinois’ Biometric Law

After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more

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