News & Analysis as of

Personal Data Preemption Data Privacy

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

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

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

Wiley Rein LLP

Federal Privacy Law Efforts Move Forward in Congress

Wiley Rein LLP on

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

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

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

Hogan Lovells

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

Hogan Lovells on

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

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