In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
Key Litigation Takeaways From Rare Data Breach Trial | Consumer Privacy World
This week members of the CPW team, including subject matter experts Kristin Bryan and Kyle Fath, offered insights into trends across the biometric privacy and artificial intelligence landscape. They also addressed what has transpired in 2022 in this space and what may be on the horizon. This included:
With the first quarter of 2022 at a close, litigation involving the collection and protection of biometric data has taken off to a hot start, setting a fervent pace that could mean big things for data privacy litigation for 2022 (with crossover impact on data breach and cybersecurity litigations, as outlined below). Read on to
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
BREAKING Florida Senate Adjourns, Data Privacy Bill Yet Again Fails to Pass | Consumer Privacy World
CPW is proud to share with its readers that Global Data Review, a leading data law and regulation publication, has ranked Squire Patton Boggs among 25 Elite firms in its 2022 edition of the GDR 100. GDR identifies and profiles the world’s leading law firms. GDR notes that firms with the Elite designation in
Regulations governing biometric data collection, use, and processing have already been complex and strict with the Illinois’ Biometric Information Privacy Act (“BIPA”) as well as the biometrics laws in Washington and Texas. BIPA, which has a private right of action, has generated a flood of class action litigation. New York City has recently added to the mix by passing two new biometrics laws, the Tenant Data Privacy Act (“TDPA”) and an amendment to the New York City Administrative Code (“NYC Administrative Code”), both of which set forth requirements when it comes to processing of biometric data that expand consumers’ rights and impose obligations on processing biometric data.
Continue Reading New Laws on Biometric, RFD and Other “Sensitive” Data Collection and Use
On January 6, 2021, a group of seventeen democrats and seven republicans introduced in the New York assembly a new bill, A.B. 27, the “Biometric Privacy Act.” The bill (available for download here) is very similar to the Illinois Biometric Information Privacy Act (“BIPA”) which has spawned much litigation, including many class actions lawsuits. In summary, the bill proposes to regulate private entities’ use of “biometric identifiers” and “biometric information,” which are terms that are specifically defined in the bill by reference to the types of data that each term includes and excludes.
If enacted in its current form, the bill would become only the second biometric privacy act in the United States to provide a private right of action and plaintiffs’ attorneys’ fees for successful litigants.Continue Reading A New York BIPA in the Making?
As reported here on February 17, 2020, the Illinois Biometric Information Privacy Act (“BIPA”) which went into effect in 2008 has been a steady source of litigation in federal and state courts.
The high level of activity stems from BIPA’s provision for a private right of action for anyone “aggrieved” by a violation of the statute, with penalties ranging from $1,000 for each “negligent” violation of BIPA to $5,000 for “intentional or reckless” violations of the Act. While the Illinois Supreme Court has permitted claims to go forward for alleged statutory violations in the absence of tangible harm, many federal courts have been more stringent, requiring “concrete” harm for purposes of Article III standing.
Continue Reading The Seventh Circuit Issues Important Decision on BIPA Claims