News & Analysis as of

Data Collection

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more

California’s Proposed “Wage Shaming” Law Is Another Mess

by Epstein Becker & Green on

In yet another measure to expand the scope of California’s equal pay laws, Assembly Bill 1209 proposes an addition to the Labor Code (section 2810.6) requiring larger employers to gather information relating to gender...more

CFPB finalizes alignment of Regulation B and Regulation C requirements regarding collection of consumer ethnicity and race...

by Ballard Spahr LLP on

On September 21, the CFPB finalized its proposal to amend Regulation B requirements related to the collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised...more

Update: Another Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

Another court ruling this week concludes that the Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, again rejecting the argument that the statute should apply...more

Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection

by Franczek Radelet P.C. on

Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left...more

IBA Self-Regulatory Principles at Center of BBB Decision

by Reed Smith on

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to...more

Further Hurricane Relief for Federal Contractors: No Citation for Late Veterans Reports

The U.S. Department of Labor (DOL) recently announced that federal contractors will not be cited for filing their VETS-4212 reports late—as long as they are filed by November 15, 2017. The DOL has made the change in another...more

New Class Action Litigation Risks – What Businesses Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

EEO-1 Pay Data Form Likely Dead, But Pay Equity Still A Hot Issue

by Davis Wright Tremaine LLP on

In October 2016, we issued a client advisory reporting that the Equal Employment Opportunity Commission had finalized its revisions to the EEO-1 form, requiring for the first time that employers and federal contractors with...more

Illinois Geolocation Privacy Protection Act Sent To Governor Rauner

by King & Spalding on

The Geolocation Privacy Protection Act, which passed the Illinois Senate and House of Representatives earlier this year, has made its way to the desk of Illinois Governor Bruce Rauner for his signature or veto. The bill...more

SEC Amendments to Form ADV and Recordkeeping Rules Go into Effect on October 1

by Morgan Lewis on

The amended Form ADV, which goes into effect October 1, 2017, will require investment advisers to expand the information they report on Form ADV about separately managed accounts and other important aspects of their advisory...more

Charting Your Course On The Data Analytics Highway

by Jackson Lewis P.C. on

Should data analytics be used as a tool to uncover new insights from company data, or should it be used to answer or solve a specific business inquiry or problem? This question is central to any analytics project design. But...more

SELF DRIVE Act Passes the House as Senate Prepares Its Own Bill

by Foley & Lardner LLP on

On September 6, 2017, the House of Representatives passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution (“SELF DRIVE”) Act, H.R. 3388. All eyes are now on the Senate, which is drafting its own...more

Why Was Facebook Fined by AEPD?

Today, the Spanish data protection agency (AEPD) fined Facebook 1.2 million euros ($1.4 million USD) in connection with how the company collects personal data for advertising purposes. The AEPD said Facebook did not get...more

Revised EEO-1 Pay Reporting Requirements Suspended Until Further Review

On August 29, 2017, the Office of Management and Budget (“OMB”) suspended the implementation of the new EEO-1 form, pending a review of the effectiveness of those aspects of the EEO-1 form that were revised on September 29,...more

Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

As connected devices become ubiquitous, it comes as no surprise that interactive toys that connect to the internet are more popular than ever. At the same time, regulators have taken note of the privacy and security concerns...more

Better Business Bureau Enforces IBA Self-Regulatory Principles

by Reed Smith on

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program has cracked down on two digital advertising companies for allegedly violating the industry’s self-regulatory principles concerning...more

Food & Beverage Litigation Update | September 2017 #2

FDA Seeks Comment on Regulation Changes for "Meaningful Burden Reduction" - Implementing an executive order titled "Reducing Regulation and Controlling Regulatory Costs," the U.S. Food and Drug Administration (FDA) has...more

hiQ Labs, Inc. v. LinkedIn Corp.: A Federal Court Weighs in on Web Scraping, Free Speech Rights, and the Computer Fraud and Abuse...

by Ropes & Gray LLP on

In recent years, a number of firms in a variety of industries have utilized automated research methods, including web scraping tools and certain forms of artificial intelligence such as bots, to gather information from a...more

Employers Not Required to Submit Pay Data or Follow Higher Salary Basis Threshold for Exempt Employees

by Pepper Hamilton LLP on

Q.  What is the status of the EEOC’s requirement that we submit pay data with our annual EEO-1 Form?  Also, have there been any updates on the lawsuit blocking the DOL’s rule raising the salary basis for certain non-exempt...more

Data Collection at Retail Properties - Risks and Recommendations

by King & Spalding on

Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. Businesses can enhance consumer experiences through targeted marketing,...more

Connecting the Dots: Key Developments and Best Practices for Evaluating Privacy and Security Risks in IoT Investments

by Shearman & Sterling LLP on

The market for internet-connected devices (often referred to as the Internet of Things, or IoT) is growing rapidly. Investment in this burgeoning space can be attractive, and according to research firm IDC, the worldwide...more

White House Suspends EEO-1 Pay Data Reporting

by Ervin Cohen & Jessup LLP on

Last week the White House Office of Management and Budget (OMB) announced the suspension and review of the new EEO-1 pay data reporting requirement for EEO-1 reports due on March 31, 2018. For years, employers with at...more

EEO-1 Form Changes Suspended; Obama Overtime Expansion Officially Invalidated

by Pepper Hamilton LLP on

In the week leading up to Labor Day, two major employment law initiatives of former President Barack Obama’s Labor Department came to a halt. First, the White House Office of Management and Budget (OMB) put a stop to the...more

OMB Freezes EEOC Pay Data Collection Rule

• OMB has frozen the Obama-era employee pay data collection requirements that were set to take effect in March 2018. • Employers should continue to use the prior version of the EEO-1 form and will have until March 31, 2018...more

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Cybersecurity

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