News & Analysis as of

Data Privacy Statutory Interpretation

Klein Moynihan Turco LLP

Daniel’s Law – Constitutionality Challenge Update

As our readers well know, one particular entity has sued a litany of companies for allegedly violating a New Jersey State privacy law known as Daniel’s Law. Our readers also know that many of these companies have appealed a...more

Hogan Lovells

Singapore High Court clarifies scope of deemed consent and actionable loss under the PDPA

Hogan Lovells on

In a landmark decision, the Singapore High Court in Piper v. Singapore Kindness Movement [2025] SGHC 173 has clarified the limits of deemed consent under the Personal Data Protection Act 2012 (the "PDPA") and the requirements...more

Mayer Brown

Sixth Circuit Allows Congressional Review Act Challenge, But Rejects It on the Merits

Mayer Brown on

CASE NAME AND NUMBER - Ohio Telecom Ass’n v. FCC, No. 24-3133 (6th Cir.) - INTRODUCTION - On August 13, 2025, a divided panel of the US Court of Appeals for the Sixth Circuit upheld a 2024 Federal Communications...more

Davis Wright Tremaine LLP

Sixth Circuit Upholds FCC Data Breach Order: Analyzing the Implications for Telecom Carriers and the FCC

The U.S. Court of Appeals for the Sixth Circuit recently upheld data breach reporting requirements issued by the Federal Communications Commission (FCC or Commission) in 2023 (Data Breach Order) in its August 13, 2025 2-1...more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Upholds FCC’s 2024 Breach Notification Rules

Telecommunications carriers must continue to adhere to a 2024 Federal Communications Commission (FCC) Order that substantially broadened carriers’ breach notification obligations, requiring that they disclose breaches of any...more

Coblentz Patch Duffy & Bass

Developments in Digital Privacy Litigation in 2024- 2025: CIPA, VPPA, and California’s SB 690

In the wake of an explosion in digital privacy litigation, courts and legislatures are redrawing some of the boundaries of what qualifies as unlawful data collection under decades-old statutes. Claims brought under...more

Cooley LLP

Court of Appeals Upholds FCC Data Breach Reporting and Notification Rules

Cooley LLP on

The US Court of Appeals for the Sixth Circuit released its decision on the appeal of the Federal Communications Commission (FCC) data breach notification and reporting rules. The FCC order, which largely became effective in...more

Saul Ewing LLP

Split Sixth Circuit Upholds FCC Expansion of Data Breach Notification Rules

Saul Ewing LLP on

The Federal Communications Commission (“FCC”) achieved victory this week as the U.S. Court of Appeals for the Sixth Circuit upheld a heavily contested set of new data breach reporting requirements for telecommunications...more

Warner Norcross + Judd

Sixth Circuit Upholds FCC’s 2024 Data Breach Reporting Rules

Warner Norcross + Judd on

The U.S. Court of Appeals for the Sixth Circuit recently issued a decision in Ohio Telecom Association et al. v. FCC, upholding the FCC’s 2024 data breach reporting requirements for telecommunications carriers and relay...more

Blake, Cassels & Graydon LLP

Un tribunal albertain élargit la portée de l’exception relative aux renseignements accessibles au public

Dans l’affaire Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (l’« affaire Clearview ») (en anglais), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a élargi la portée de l’exception relative aux...more

Akerman LLP - Health Law Rx

Federal Court Vacates 2024 HIPAA Privacy Rule Modifications That Supported Reproductive Healthcare Privacy: What Regulated...

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order in Purl v. United States Department of Health and Human Services, No. 2:24-CV-228-Z (N.D. Tex. 2025) (the June 18 Order) that...more

Blake, Cassels & Graydon LLP

Alberta Court Expands Scope of the “Publicly Available” Exception to Consent Requirement Under Province’s PIPA

In Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (Clearview), the Court of King’s Bench of Alberta expanded the scope of the “publicly available” exception to the consent requirement for the collection,...more

Ballard Spahr LLP

CFPB states the Section 1033 Open Banking rule exceeds its authority

Ballard Spahr LLP on

In its motion for a summary judgment in a lawsuit challenging the regulation, the CFPB stated it has concluded that the Section 1033 Rule (Rule) exceeds the agency’s statutory authority to create an open banking system...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

Baker Botts L.L.P. on

On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

Benesch on

In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

Troutman Pepper Locke on

Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

A&O Shearman

English court determines the “meaning” of personal data

A&O Shearman on

In a previous blog post we considered an unsuccessful application to strike out a claim for alleged breaches of the UK GDPR, on the grounds that the claim was – in substance – a defamation claim. That application was...more

Fisher Phillips

Blockbuster SCOTUS Ruling Will Push Privacy and AI Laws Into the Hands of the States: Your Post-Chevron Game Plan

Fisher Phillips on

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

Wiley Rein LLP on

Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

Goodwin on

The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison on

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Orrick, Herrington & Sutcliffe LLP

California AG Releases More Modifications to CCPA Regulations

On March 11, 2020, the California Attorney General, Xavier Becerra, (“California AG”) released a second set of modifications to the proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). These...more

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