Biometric Litigation
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In this Privacy, Cyber & AI Decoded alert, we cover Colorado’s Biometric Identifier Requirements, Delaware’s Data Protection Assessment Requirement, Minnesota’s new comprehensive privacy law going into effect, Tennessee’s...more
Vermont recently adopted the Vermont Age-Appropriate Design Code Act, which goes into effect on January 1, 2027. The law is enforceable by the Vermont Attorney General as an unfair or deceptive act or practice. The Attorney...more
Montana recently amended its privacy law through Senate Bill 297, effective October 1, 2025, strengthening consumer protections and requiring businesses to revisit their privacy policies that apply to citizens of Montana....more
Long maligned as innovation-shy, litigation practices are deploying emerging artificial intelligence technologies at a rapid rate. Technology’s ability to instantly synthesize and draw useful conclusions from large amounts of...more
Comprehensive state privacy laws often task a state regulator to promulgate accompanying regulations that clarify the law’s requirements and to enforce the law by providing further guidance through its enforcement actions....more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
In December 2023, the Federal Trade Commission (FTC) proposed changes to the Children’s Online Privacy Protection Act (COPPA) Rule to address the increasing use and monetization of children’s data online. The COPPA Rule,...more
We are back for our sixth year of tracking proposed state privacy legislation and fifth year of providing weekly updates. As in past years, we will track proposed state privacy legislation through these weekly updates and our...more
As we enter the New Year, Wiley is looking ahead to the top privacy developments and trends to watch in 2025. On the state side, 2025 kicked off with several new privacy laws going into effect in January, and states continue...more
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024. Expanding State Privacy Laws- This year saw a...more
Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal...more
The Colorado Department of Law adopted new regulations governing the collection and use of biometric identifiers and information about those under the age of 18 and put in place a new mechanism through which businesses can...more
2024 was a banner year for state privacy legislation. This year saw seven new states pass comprehensive consumer privacy laws, joining the ranks of 12 other states that have previously passed similar laws. While other state...more
Approximately one year after the Colorado Privacy Act (CPA) Rules went into effect, the Colorado Attorney General proposed draft amendments to reflect recent changes to the CPA. Recall that the CPA applies to "controllers"...more
Just over one year after the Colorado Privacy Act Rules took effect, the Colorado Attorney General’s Office filed a set of proposed draft amendments that, if implemented, would significantly modify the Rules to reflect recent...more
It is often said that the law lags behind the pace of technological development. Yet, while computer chip implants and wearable brain activity monitors are only just starting to show technical viability, two states recently...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
The Texas Data Protection and Security Act (TDPSA) goes into effect on Monday, July 1, 2024. Eliminating any speculation that this omnibus consumer privacy law might sit on the cupboard shelf, unenforced, the Texas attorney...more
On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more
With state privacy laws continuing to increase, will the federal American Privacy Rights Act be adopted? Over 18 states have now enacted comprehensive state privacy laws, three of which go into effect on July 1, 2024, in...more
On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go...more
The Colorado Privacy Act already required prior consent for sensitive personal data, with the amendment now setting forth requirements for purchasing and retaining biometric data. The Colorado state legislature recently...more
On April 4, 2024, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (the "KCDPA" or "Act"), which takes effect January 1, 2026. The KCDPA maps in large part to the Virginia Consumer Data...more
Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more