Today, the Illinois Biometric Information Privacy Act (“BIPA”) remains one of the hottest areas of class action litigation. Despite the high volume of class action filings, however, many significant aspects of Illinois’s biometrics statute remain unsettled and uncertain. One of the most notable open-ended issues pertains to the applicability of BIPA to third-party vendors and
Some would say that Commissioner Christine Wilson foreshadowed her resignation in her recent GoodRx concurrence. Indeed, Commissioner Wilson has been vocal in recent months about some of her concerns with how the FTC is doing business. Much of her criticism came after the Supreme Court’s AMG Capital Management, LLC v. FTC decision, which stripped the FTC of certain powers. Of course Privacy World has kept you in the know with how the FTC reacted to AMG HERE, HERE, and HERE. Much of the FTC’s reactions center on increasing rulemaking efforts, especially as the rulemaking impacts privacy and advertising programs, while also escalating its enforcement actions. Recently, the U.S. Chamber sent an open letter to Congress requesting more congressional oversight of the FTC in light of Commissioner Wilson’s resignation. Here are three points from the U.S. Chamber’s open letter that reflect what Commissioner Wilson’s resignation may mean for Congress and the FTC over the coming year:
Continue Reading What Commissioner Wilson’s Resignation Means for the Year Ahead
In case you missed it, below are recent posts from 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.
In the National Defense Authorization Act, Congress directed the National Institute of Standards and Technology (NIST) to work with public and private organizations to create a voluntary risk management framework for trustworthy artificial intelligence systems. Following up on that Congressional directive, NIST has released Artificial Intelligence Risk Management Framework 1.0 (AI RMF 1.0)
Following up on his Wall Street Journal op-ed in January, President Joe Biden has now directly called on Congress to act on privacy legislation. Last week, he bluntly told lawmakers in his State of the Union address: “[I]t’s time to pass bipartisan legislation to stop Big Tech from collecting personal data on kids and teenagers
Late last year, Alan Friel, Marisol Mork and Kyle Dull discussed in two separate sessions, what businesses need to know about new state privacy laws at the Association of National Advertisers Masters of Law Conference.
Part 1: With comprehensive federal privacy legislation looking unlikely, marketers are left to decipher an expanding group of state
In case you missed it, below are recent posts from 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.
FTC Signals More Criminal Referrals for Negative Option Fraudsters | Privacy World
746 years. That is the total amount of time criminal defendants have been sentenced to prison from consumer fraud cases the Federal Trade Commission (FTC) has referred to prosecutors the past five years. Indeed, the FTC’s Bureau of Consumer Protection Criminal Liaison Unit (Bureau) highlighted these figures in its recently published Criminal Liaison Unit Report. Notably, this report emphasized the FTC’s growing enforcement concern over the use of deceptive negative option marketing (or dark patterns) and its intended aim to push egregious cases to prosecutors in the future. The Criminal Liaison Unit Report (the Report) is consistent with FTC’s November 4, 2021 Enforcement Policy Statement Regarding Negative Option Marketing, and the Report outlines four key takeaways for companies going forward.
Continue Reading FTC Signals More Criminal Referrals for Negative Option Fraudsters
This week President Joe Biden stood before a joint session of the 118th Congress and gave his State of the Union address. The President offered his vision for the next several years, which included a focus on Big Tech regulation and privacy issues. As we covered in a previous post, the American Data
Join SPB’s Kyle Fath and Kristin Bryan for a timely webinar on the evolving landscape of laws around biometric data. The program will offer an engaging discussion including the advisory and litigation perspectives related to privacy in the context of biometrics.
Key areas of focus will include: