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Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data

Key Takeaways - - Amendments to the Colorado Privacy Act, which go into effect on July 1, 2025, establish obligations surrounding both biometric identifiers and biometric data and the broader category of biometric...more

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits

In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.  Despite none of these statutes explicitly addressing...more

DHS Announces New Artificial Intelligence and Facial Recognition, Face Capture, and Facial Analysis Policies

The U.S. Department of Homeland Security (DHS) announced new policies on September 14, 2023, regarding its use and acquisition of artificial intelligence (AI) technologies, including facial recognition and face capture...more

New My Health, My Data Act Part 1: Washington State Joins the Biometric Litigation Fray

Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for...more

Biometric Privacy in Film, Television, Music, and Gaming

Creators in film, television, music, and gaming are increasingly turning to artificial intelligence and machine learning (AI/ML) models to deliver new content and experiences to audiences. Recent headlines have highlighted...more

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Getting the Right Fit: Biometric Privacy and the Apparel Industry

In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments...more

Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year

It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more

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