No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
No Password Required: Founder and Commissioner of the US Cyber Games, CEO of the Cyber Marketing Firm Katzcy, and Someone Who Values Perseverance Over Perfection
Biometric Litigation
Founder of Cyber Security Unity, Member of the Order of the British Empire, and Appreciator of '80s Soap Operas
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
No Password Required: The Custom T-Shirt-Wearing CEO Who Not Only Appreciates Mega Man ... He Basically Is One
Hybrid Workforces and Compliance with Sheila Limmroth
Legislating Data Privacy Series: A Conversation with Massachusetts Representatives Dave Rogers and Andy Vargas
State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: BIPA Trends in 2022
State Law Privacy Video Series | Applicability
Getting Personal—Wearable Devices, Data, and Compliance
Episode 8: Why brokers, not breaches, are America's greatest privacy threat (with Rob Shavell)
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Inside Privacy Law: The Regulation of Personal Data
NGE On Demand: Cybersecurity Considerations for Emerging Companies with Michael Gray and David Wheeler
Oklahoma: Changing Data Privacy as We Know It?
The Convergence of AI and Data Privacy in eDiscovery: Using AI and Analytics to Identify Personal Information
Reducing Cybersecurity Burdens with a Customized Data Breach Workflow
Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19
The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more
Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more
In this month's edition, we examine the Swiss data protection authority's comments on the validity of its data-sharing framework with the U.S., as well as the European Data Protection Board's guidance on joint controllers and...more
Finally, CCPA Regs Become Final – but Wait, There's More…or Less… On Aug. 14, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Regs) under the...more
CYBERSECURITY - NSA + FBI Warn Defense Contractors of Russian Hackers - When the National Security Agency (NSA) and the Federal Bureau of Investigations (FBI) get together to issue a joint warning, you may wish to listen...more
Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more
In the face of billions of dollars of potential liability at trial, social media giant, Facebook, opted for the finality of a class-wide settlement—to the tune of $550 million—reached with Illinois users complaining of...more
Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more
Facebook has agreed to pay $550 million to resolve a class-action lawsuit claiming that Zuck & Co.’s use of facial recognition technology violated Illinois’ biometric privacy law. Though the settlement is little more than “a...more
The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
In January 2019, we reported on the Illinois Supreme Court’s decision, Rosenbach v. Six Flags Entertainment Corp., where the highest court in Illinois unanimously found that an individual need not allege (or show) an actual...more
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more
Seyfarth Synopsis: Following an opinion by the Illinois Supreme Court, the 9th Circuit will discuss the Illinois Biometric Privacy Act issue — whether the Act requires class plaintiffs to show that they suffered actual harm...more
Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more
Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more