News & Analysis as of

Privacy Laws Employer Liability Issues Personally Identifiable Information

Mintz

Real Versus Robot: Biometric Vetting in Hiring

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3 Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Resources’ Role in Data Privacy and Cybersecurity, Part V: Ethical Obligations When Responding to a Breach of Employee Data

In today’s digital landscape, many organizations will likely face the unfortunate reality of a breach of employee data. The human resources department is the critical link between safeguarding a company’s reputation and...more

Fenwick & West LLP

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

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The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more

Schwabe, Williamson & Wyatt PC

Blurred Lines in Healthcare Employment: HIPAA Implications When Employees are Patients

During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news...more

Fisher Phillips

Forecast: March 2022 Edition

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Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

Epstein Becker & Green

Employers Take Heed: Follow Illinois Biometric Privacy Rules or Risk a Losing Battle

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Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the Illinois Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more

Perkins Coie

State Privacy Laws: The Gift That Keeps on Giving?

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Though it was not long ago that resolutions of California Consumer Privacy Act (CCPA) readiness ushered in the new year, ‘tis the season once again to deck the halls with privacy compliance checklists. Retailers doing...more

Fisher Phillips

The Legal Minefield Surrounding Biometrics In The Workplace

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The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more

Greenberg Glusker LLP

CCPA: The Other Problem With A Capital “C”

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With the all-encompassing distraction of keeping up with the evolving COVID-related guidances, ordinances, and regulations, many employers have forgotten the other looming problem with a capital “C” – California Consumer...more

Fisher Phillips

California AG Revises Proposed CCPA Regulations

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On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General...more

FordHarrison

Recent Changes to the California Consumer Privacy Act (CCPA) May Require Employers to Revisit Their Privacy Notice as It Relates...

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The California Consumer Privacy Act (CCPA), which took effect earlier this year, has left many employers in the Golden State scrambling to comply with privacy regulations concerning the collection and use of personal data...more

Seyfarth Shaw LLP

Updates for Employers on the California Consumer Privacy Act

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Seyfarth Synopsis: California’s Attorney General is drafting regulations that will shape employer obligations under the California Consumer Privacy Act....more

Perkins Coie

New California Legislation Enhances Employees’ Privacy Rights

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With the California Consumer Privacy Act of 2018 (CCPA) set to take effect on January 1, 2020, California Governor Gavin Newsom signed amendments in October 2019 providing businesses some temporary shelter from the CCPA...more

Fisher Phillips

California’s Groundbreaking Privacy Law Amended: What Do Employers Need To Know?

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Governor Gavin Newsom just signed into law two amendments to the California Consumer Privacy Act (CCPA) that will have a direct impact on employers doing business in the state. The new amendments, signed on October 11, 2019...more

Farella Braun + Martel LLP

What Employers Should Know About the California Consumer Privacy Act Taking Effect January 1, 2020

On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...more

Fisher Phillips

Employers May Catch Temporary Break On Impending California Privacy Law

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Thanks to recent negotiations among state lawmakers, it appears that California employers may get a temporary reprieve on some of the more sweeping data privacy requirements that were set to take effect in just a few short...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

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This is the seventh installment in Hogan Lovells’ series on the California Consumer Privacy Act. The application of the California Consumer Protection Act of 2018 (“CCPA”) to employee data has been the subject of much...more

Littler

Littler Global Guide - Portugal - Q2 2018

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Implications of the EU’s GDPR on Employment Contracts - New Legislation Enacted - The EU’s General Data Protection Regulation (GDPR) 2016/679, of April 27, 2016, entered into force on May 25, 2018....more

Littler

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

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It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach.  Forty-seven states require employers to notify employees when defined categories of personal information, including...more

Cozen O'Connor

Data Breach Laws Continue to Come

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Retail. Financial services. Health care. Energy. Not an industry has been spared when it comes to recent data and cyber breaches, and the colossal damage that occurs to the interests of the company, its employees, and third...more

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