California

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.

Privacy World’s Kristin Bryan talks to Bloomberg Law on the Supreme Court’s In re Grand Jury Dismissal | Privacy World

2022 saw cases continue to be filed under the California Consumer Privacy Act (“CCPA”), although perhaps reflecting the increasing reliance of the plaintiffs’ bar on negligence and tort-based privacy claims concerning a defendant’s alleged failure to maintain “reasonable security,” the number of cases of CCPA based claims declined. Read on for Privacy World’s highlights of

Last summer, the Court of Appeals for the Ninth Circuit buoyed plaintiffs’ lawyers  interest in “session replay” software when it revived a putative class action against a website operator and a session replay software provider for violations of the California Invasion of Privacy Act (CIPA).  Earlier this month, addressing issues left by the Ninth Circuit

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.

California Federal Court Dismisses GPS Data Tracking Privacy Class Action in Ruling of First Impression For CIPA Claims Involving Devices

Last week, a federal court in California dismissed a complaint concerning allegations that Otonomo, a data broker that partnered with car manufacturers, “used electronic devices in [drivers’] cars to send real-time GPS location data directly to [defendant],” allowing Otonomo to track drivers’ location in real-time.  Read on to learn more about what this means for

Amendments to the California Consumer Privacy Act (“CCPA”) went into effect on January 1 of this year, as did Virginia’s new privacy law. Virginia’s law is immediately enforceable. While the California amendments are not enforceable until July 1, 2023, on December 31, 2022 the opportunity cure violations before civil penalties could be assessed sunset (at

LinkedIn and hiQ Labs agreed to a consent judgment and permanent injunction to resolve all data scraping related claims after six years of litigation. This news follows last month’s summary judgment win by LinkedIn on its breach of contract claim against hiQ, based on a finding that hiQ’s data scraping and use of fake profiles violated LinkedIn’s user agreements. 

Continue Reading LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment

Welcome to the 2022 Q3 edition of the Artificial Intelligence & Biometric Privacy Report, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team.

Also, we are extremely pleased to announce that our own Kristin Bryan was named as a 2022 Law360 Cybersecurity & Privacy MVP. As Law360 notes, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” You can read more about Kristin’s Law360 award here: Law360 MVP Awards Go to 188 Attorneys From 78 Firms.

Continue Reading 2022 Q3 Artificial Intelligence & Biometric Privacy Report

A federal court recently sanctioned defendants for spoilation of evidence in litigation. In doing so, the Court rejected the Defendant’s argument that they changed their data settings in good faith to align with the California Consumer Privacy Act of 2018 (“CCPA”) and the International Standard of Operation Compliance (“ISO”). 2022 U.S. Dist. LEXIS 178233 (N.D. Ohio Sep. 29, 2022). Read on to learn more.

Continue Reading Federal Court Sanctions Company for Spoilation of Evidence Over Arguments Data Settings Changed to Comply with CCPA and ISO 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