As readers of CPW know, the Illinois Biometric Information Privacy Act (“BIPA”) is a frequently litigated data privacy statute. Given the potential business-ending consequences of a putative BIPA class action, it is also a frequently cited example as to why other states should not enact comprehensive privacy or biometric legislation with a broad
Once again, we find ourselves reviewing a pertinent decision regarding the Illinois Biometric Information Privacy Act (“BIPA”). For our new readers, BIPA regulates the sale and storage of “biometric information”. In 2008, when the legislature enacted it, BIPA was acknowledged as forward thinking. Since then, it has consistently raised novel issues in litigation. A recent
Privacy at the state level can get messy and confusing—particularly in the current moment with the record number of proposed bills under consideration. So let’s face it: it is great to read about all those proposed bills but what US privacy professionals really want to know is which bills will pass and which bills will
Following up on our post from this morning, the US Chamber of Commerce in an open letter today threw its support behind the Information Transparency and Personal Data Control Act. As set forth in the open letter (see link below), the Chamber writes that “The Information Transparency & Personal Data Control Act is a
HUGE news out of CPW this morning. Yesterday US Representative Suzan DelBene introduced comprehensive privacy legislation, the Information Transparency and Personal Data Control Act. Representatives Earl Blumenauer (OR), Matt Cartwright (PA), Ed Case (HI), Charlie Crist (FL), Alcee Hastings (FL), Jim Himes (CT), Steven Horsford (NV), Chrissy Houlahan (PA), Derek Kilmer (WA), John Larson (CT),
As our regular readers know, CPW loves to cover the Illinois Biometric Information Privacy Act (“BIPA”). We have written extensively about BIPA to the point that it is one of our three dedicated “Power Centers”. We also recently published a primer on the status of standing for BIPA claims. Now, we have a
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
For data privacy litigations filed in state court, one strategic option that should be considered by defense counsel is whether the case can (and should) be removed to federal court. When a plaintiff asserts a claim under federal law, removal to federal court may be based on federal question jurisdiction. Straightforward, right?
Well, what about
It is becoming the data privacy version of paint by numbers: a plaintiff files a putative class action against their employer, alleging that the employer collected employees’ biometric information in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Well, in the most recent permutation of the litany of BIPA litigations filed this year, a
Earlier this fall, a federal court granted a trade association’s motion for a declaratory judgment against the Maine attorney general and the superintendent of Maine’s Bureau of Consumer Credit Protection. The litigation concerned amendments the Maine legislature enacted to the Maine Fair Credit Reporting Act. Consumer Data Indus. Ass’n v. Frey, 2020 U.S. Dist.