Biometric Litigation
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Podcast: BIPA Trends in 2022
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#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
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
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
In Cleaver v The Cadillac Fairview Corporation Limited, 2025 BCSC 910, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to...more
As neurotechnology advances and brain-reading devices enter consumer, workplace, educational and healthcare markets, state lawmakers are moving swiftly to address the privacy and ethical concerns these technologies raise....more
On April 17, 2025, the Connecticut Office of the Attorney General (“OAG”) released an Updated Enforcement Report Pursuant to the Connecticut Data Privacy Act (“Report”). The Report, the second issued by OAG (read our...more
Colorado was the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia (the Colorado Privacy Act (the “CPA”). Now Colorado is increasing protections again,...more
Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14...more
Several state attorneys general (AGs) and the Federal Trade Commission (FTC) have begun scrutinizing ancestry tracking company 23andMe following its recent announcement that it has filed for Chapter 11 bankruptcy. As part of...more
On February 10, 2025, the first class action complaint was filed under Washington state’s My Health My Data Act (“MHMDA”), over a year after the law was passed. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...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
Keypoint: Last week, the Utah legislature passed two bills prior to closing while Georgia’s Senate passed a consumer data privacy bill and the Arizona House passed a social media bill. Below is the ninth weekly update on...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
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
On January 16, 2025, the Federal Trade Commission (“FTC”) announced its Final Rule amendments to the Children’s Online Privacy Protection Act (“COPPA”) Rule, which imposes requirements on website and online service operators...more
On January 16, 2025, the Federal Trade Commission (FTC) published its Final Rule officially adopting updates to the Children’s Online Privacy Protection Act (COPPA). For a comprehensive overview of these changes, be sure to...more
Last year proved to be an incredibly active year for data privacy legislation, state and federal enforcement actions, and new compliance challenges introduced by emerging technology. Looking ahead to this year, there is no...more
The National Retail Federation (NRF) “Big Show,” held annually in New York, is a premier event for unveiling cutting-edge technologies in the retail industry. This event serves as a forum where vendors showcase new tools...more
The Federal Trade Commission's first update in over a decade to its rules under the Children’s Online Privacy Protection Act (“COPPA”) did not bring the dramatic updates that some privacy advocates had requested. Instead, the...more
It is hard to believe that another year is upon us! As we have done in years past (including 2023, 2022, 2021, 2020, 2019 and 2018), we have created a comprehensive resource of all our www.eyeonprivacy.com posts from 2024. As...more
Keypoint: In our second weekly update for 2025, we are tracking new bills filed in Arkansas, Hawaii, Illinois, Massachusetts, Missouri, Nebraska, New Jersey, New York, Oklahoma, South Carolina, Texas, and Virginia. Below is...more
On January 16, 2025, the Federal Trade Commission (FTC or Commission) finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule). The Final Rule adopts certain amendments that were proposed in...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
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more