Biometric Litigation
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This monthly report outlines key developments in China’s data protection sector for July. The following events merit special attention: CAC Issues Third Edition of the Data Export Security Assessment Application Guide: On...more
Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of...more
Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more
Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on...more
The past two weeks have seen continued developments in the state comprehensive privacy legislative landscape. Maryland, Minnesota, and Texas have entered the fray with new proposals, bringing the total number of states that...more
Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...more
The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more
On Tuesday, August 4, Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT) announced the introduction of the National Biometric Information Privacy Act of 2020 to prohibit private companies from collecting biometric data...more
Washington may be the next state to enact its own data privacy law after a bill was introduced into the Washington State Senate earlier this month. Known as the Washington Privacy Act, the bill’s sponsor, Sen. Reuven Carlyle,...more
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
Washington State is already shaping up as a center of state privacy legislation for 2020. Last year, SB 5376 (also known as the Washington Privacy Act, or WPA) gained significant traction in the legislature, passing the...more
California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more
As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent...more
After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more
Amidst privacy concerns and booming technological innovation, Sens. Roy Blunt (R-Mo.) and Brian Schatz (D-Hawaii) have introduced a bill proposed as the “Commercial Facial Recognition Privacy Act of 2019” (CFRPA) targeting...more
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use...more
Florida Introduces BIPA Legislation - A Florida state senator has introduced an identical version of the Illinois Biometric Information Privacy Act (BIPA)....more
An identical version of the Illinois Biometric Information Privacy Act (BIPA) has been introduced in the Florida Senate. The bill includes the same private right of action. ...more
Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more
We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more
On Wednesday, August 24, the California state senate (the “Senate”) took action on a bill that would expand the definition of protected personal consumer data to include geolocation and biometric information while also...more