On November 30, 2023, the Illinois Supreme Court unanimously held that an exclusion in the Illinois Biometric Information Privacy Act applies to healthcare workers where their biometric information is collected, used, or stored in the course of providing medical services. The holding is a significant victory for healthcare institutions and clarifies that the applicable exemption
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.
A Guide Comparing EU, China, ASEAN Standard Contracts for Data Transfers | Privacy World
In 2020, when the California Consumer Privacy Act (CCPA) came into effect, the privacy landscape in the US changed forever. Fast forward three years, we now have close to a dozen states that have passed consumer privacy laws, with the second generation of consumer privacy laws giving particular attention to sensitive data. In particular, there is an emerging trend, in both new legislation and enforcement of existing privacy and consumer protection regimes, towards a focus on the collection, use, and sharing or selling of health-related personal information, specifically information that is outside the scope of the federal Health Insurance Portability and Accountability Act (HIPAA).[1] The effect is a restriction on what publishers, advertisers, and other commercial enterprises can do with consumer health information, often broadly defined to include any past, present or future health status or inference regardless of sensitivity (e.g., acne or a headache). These developments include:
Continue Reading Health (and Health-ish) Data and Advertising Under Scrutiny
Each year, the French data protection authority, “CNIL”, conducts hundreds of investigations (345 in 2022) on the basis of complaints received, notification of data breaches, information conveyed by press or other media, but also annual priority topics set by the CNIL. These topics are the following for 2023.
Continue Reading Priority Topics for French CNIL Investigations in 2023: “Smart” Cameras, Mobile Apps, Bank and Medical Records
For over two years now, online retailers—such as cosmetics and eyewear brands—that utilize virtual try-on (“VTO”) tools have faced a barrage of class action litigation alleging that their technology violates the Illinois Biometric Information Privacy Act (“BIPA”). During this period, a defense has emerged for the targets of VTO suits and online eyewear retailers in
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 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.
LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment | Privacy World
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
The Southern District of Florida issued its second motion to dismiss ruling in the multidistrict litigation (“MDL”), In re Mednax Services, MDL No. 2994, further limiting Plaintiffs’ claims but allowing the case to proceed to discovery. This ruling is a mixed bag for the Defendants but consistent with rulings in prior cases (where the
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.