Appeals

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.

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Today the Seventh Circuit issued a ruling which affirmed the dismissal of claims filed under Illinois’s Genetic Information Privacy Act.  Bridges, et al. v. Blackstone, Inc., No. 22-2486 (7th Circ. 2023).  Because this decision limits in most instances the circumstances under which claims could be brought under the statute in the context of a

A putative federal class action brought on behalf of delivery drivers asserting invasion of privacy and wiretapping claims against a global e-commerce company survived an interlocutory appeal last week.  The Ninth Circuit Court of Appeals upheld a decision from the U.S. District Court for the Southern District of California that allows plaintiff’s claims to proceed.

The United States Court of Appeals for the Ninth Circuit recently affirmed a California federal district court’s dismissal of a shareholder’s securities fraud complaint against cybersecurity technology company Finjan Holdings, Inc.  In re Finjan Holdings, Inc., No. 21-16702, 2023 WL 329413 (9th Cir. Jan. 20, 2023). While the ruling is a win for

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.

Third Time Lucky or Schrems III? The European Union Data Pact with the US Moves One Step Closer (To

Biometric privacy suits brought under the Illinois Biometric Information Privacy Act (“BIPA”) continue to remain one of the hottest areas of class action litigation today, which can be attributed primarily to the fact that high statutory damages awards can be recovered by large classes of employees, consumers, and similar groups of individuals for mere technical violations of the law. To further compliance matters, many BIPA decisions issued to date have skewed heavily in favor of plaintiffs, which has resulted in a significant expansion of potential litigation risk under the statute. 

In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals continued the trend of plaintiff-favorable BIPA decisions in 2022, holding that private entities run afoul of BIPA’s Section 15(a) data retention and destruction disclosure requirements where they fail to have in place a BIPA-compliant data retention/destruction disclosure at the time biometric data is initially possessed, and that subsequent disclosures cannot serve retroactively to remedy prior violations of this component of the law. Importantly, Mora underscores the need for companies to ensure they have satisfied all of the applicable requirements of BIPA prior to the time any biometric data is collected or possessed in order to mitigate the sizeable legal risks associated with legal non-compliance.  Continue Reading Illinois Appellate Court Issues Key, Plaintiff-Favorable Opinion On BIPA Data Retention Disclosure Requirements 

Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.
Continue Reading California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information