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Personal Data Preemption

Miles & Stockbridge P.C.

What Businesses Need to Know About Md.’s New Online Data Privacy Act

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week....more

Troutman Pepper

State AG Coalition Opposes Current Federal Privacy Legislation

Troutman Pepper on

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to...more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

Jones Day on

With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

WilmerHale

New Legislation to Expand Privacy Obligations of Financial Institutions Introduced in Congress

WilmerHale on

On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison on

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

WilmerHale

The Past, Present and Future of US Privacy Law

WilmerHale on

Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more

Robinson+Cole Data Privacy + Security Insider

New Federal Privacy Bill Introduced – Could 2021 Be the Year?

Bloomberg reported this week that the first comprehensive federal privacy bill of the year was introduced by Representative Suzan DelBene (D-Washington). The bill is known as the Information Transparency and Personal Data...more

Nutter McClennen & Fish LLP

Code Red: The FDA’s Artificial Intelligence/Machine Learning Action Plan Poses Potential Risks for Medical Device Makers

Q: The FDA’s stance on a regulatory framework for artificial intelligence and machine learning (AI/ML) software as a medical device is continuously evolving. Could you explain the history? A: Artificial intelligence (AI) is...more

Wiley Rein LLP

Federal Privacy Law Efforts Move Forward in Congress

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As fall has arrived, so has a flurry of privacy activity on Capitol Hill.  Though this Congress is highly unlikely to pass any privacy legislation before the end of the Term, the latest developments reflect efforts by key...more

Orrick, Herrington & Sutcliffe LLP

Two Diverging Federal COVID-19 Privacy Bills Proposed

In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. ...more

Polsinelli

Federal Privacy Legislation Update: Consumer Data Privacy and Security Act of 2020

Polsinelli on

On March 13, 2020, Senator Jerry Moran (R-Kansas), Chairman of the Senate Commerce Subcommittee on Consumer Protection, introduced the “Consumer Data Privacy and Security Act of 2020” (the “CDPSA”). The CDPSA joins several...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

Seyfarth Shaw LLP

CCPA Amendments – What did California Actually Do?

Seyfarth Shaw LLP on

The rush for California to get all of the “rules of the road” ready for next year has seemed to cause a bit of confusion with California’s privacy law. Draft regulations were published the same day the Governor signed into...more

Pierce Atwood LLP

Maine’s New Internet Privacy Law: What You Need to Know

Pierce Atwood LLP on

Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

BCLP

Privacy FAQs: Does the CCPA exempt businesses from having to disclose privileged communications?

BCLP on

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

FordHarrison

Proposed Biometric Information Regulation May Impact Florida Employers

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As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent...more

WilmerHale

Senate Holds Hearing on Consumer Perspectives as Congress Continues to Develop Federal Privacy Legislation

WilmerHale on

On May 1, 2019, the Senate Commerce Committee held a hearing on “Consumer Perspectives: Policy Principles for a Federal Data Privacy Framework”—the Committee’s third hearing during this session discussing principles for...more

Epiq

2018 – Privacy, A Year in Review

Epiq on

Privacy was a hot topic throughout the U.S. in 2018. California lawmakers passed some groundbreaking legislation regarding consumer privacy and the Internet of Things (“IoT”). Several other states also began to address some...more

Dechert LLP

Momentum Builds for a National Privacy Law in the United States

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Recent developments show that momentum is building for the United States to enact a national privacy law that would govern how businesses handle consumers’ personal information. High-profile data breaches, recent...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead — Introduction to Hogan Lovells’ Blog Series

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Groundbreaking. Watershed. Unprecedented. - We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, ?2018. Our experience to date has confirmed the...more

Carlton Fields

Defense Victories in Genetic and Biometric Privacy Class Actions

Carlton Fields on

In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data....more

Hogan Lovells

Corporate News – June 2017

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The Pre-Emption Group reports on the use of its Statement of Principles - The Pre-Emption Group, which represents listed companies, investors and intermediaries, has published a monitoring report looking at the use of its...more

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