- FTC Scrutinizes Children’s Privacy Issues Involving Education Technology
- Utah Becomes the Fourth State to Enact a Comprehensive Privacy Law
- Courts Requiring General and Professional Liabilities Policies to Respond to Cyberattacks
- The US and EU Announce a New Trans-Atlantic Data Privacy Framework
- BIPA Claims Following the McDonald Decision
- NY Attorney General Offers Guidance on Dealing with Credential Stuffing
- “Silent Cyber” Continues to Make Noise in State Appellate Courts
- The FBI Warns M&A Participants on the Increasing Ransomware Threat
- FTC Updates Safeguards Rule for Non-Banking Financial Institutions
- The DOJ’s Civil Cyber-Fraud Initiative
Legal developments in data, privacy, cybersecurity, and other emerging technology issues
This is a follow-up to the June 23, 2021 Litigation Trends Analysis Alert, “How the IWCA Impacts BIPA Claims.” As noted there, the question before the Supreme Court of Illinois in McDonald was whether claims of injury under the Illinois Biometric Information Privacy Act (BIPA) fall under the scope of the Illinois Workers’ Compensation Act (IWCA). The Court ruled last month that the BIPA is not preempted by the IWCA.
The Illinois Biometric Information Privacy Act (BIPA) is a law concerning the protection of biometric data. The BIPA requires companies collecting biometric information to establish a policy and obtain a written release from its employees prior to collecting and using this information. The BIPA is the only statute of its kind with a private right of action. Under the BIPA, individuals may sue for violations and recover monetary damages.
New York And Maryland Propose BIPA-Like Biometric Privacy Bills
New York Assembly Bill 27—introduced on January 6, 2021—seeks to amend the New York general business law in relation to biometric privacy. Similarly, Maryland House Bill 218—introduced on January 13, 2021—proposes biometric privacy regulations on private entities in Maryland.
The Illinois Biometric Information Privacy Act (BIPA) is the only biometric privacy statute in the country with a private right of action. In the last two years, litigation under BIPA has dominated privacy law headlines. There are hundreds of BIPA class action lawsuits pending in Illinois state and federal courts, with new filings each week.
Last month, the Seventh Circuit issued a highly anticipated ruling concerning Article III standing for claims brought under the Illinois Biometric Information Privacy Act (BIPA).
New York’s Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”) took effect on March 21, 2020. The Act expands existing state breach notification requirements and imposes specific data security protections for covered businesses that own or license the private information of New York residents, regardless of whether those businesses are based in New York. The Act also broadens the definition of “private information” to include new types and combinations of data.
On March 31, 2020, Washington Senate Bill No. 6280 (the “Act”) became law, codifying one of the most detailed facial recognition regulations in the country. The Act regulates state and local government agencies in Washington using or intending to develop, procure, or use a facial recognition service but also includes important considerations for companies designing this technology.