JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more
The Illinois General Assembly recently passed Senate Bill 2979 (SB 2979), an important piece of legislation that makes several much-needed amendments to the Illinois Biometric Information Privacy Act (BIPA). SB 2979 is now at...more
Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more
We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more
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
New York City has set its sights on biometric data protection this summer, passing two laws regulating the use of biometric information within the same month. The New York City Council amended its administrative code on July...more
Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites. These businesses are typically very interested in making their website more interactive and responsive to consumer...more
As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space. Most recently, on April 29, 2021, the New...more
Keypoint: Florida moved one step closer to passing consumer data privacy legislation although differences between the House and Senate bills need to be resolved if the legislation is to pass the legislature. On April 21,...more
This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more
Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more
Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed discuss the California Consumer Privacy Act and its implications for business in this episode recorded in mid-March....more
The potential statutory damages under the CCPA dwarf almost every previous large data breach settlement in the United States. To mitigate the risk of this increased exposure, companies need to take key steps to ensure they...more
Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more
Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures....more
Jones Day Insurance Recovery partner Rich DeNatale talks about insurance implications for clients subject to the California Consumer Privacy Act ("CCPA"), including policy limits and coverage for statutory damages. The CCPA...more
The California Consumer Privacy Act (CCPA) has significantly altered the potential consequences of a data breach under California law by permitting California consumers to bring civil suits for statutory damages, Cal. Civ....more
No. The Act generally defines “personal information” as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular...more
Privacy remains a hotly debated subject in the U.S. and many states are taking steps to protect customer’s personal information. The newest legislation with the most teeth belongs to California, who in February 2019 passed...more
Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer Privacy Act (CCPA) this Friday afternoon! SB 561 appears to have (mostly) died in...more