On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more
On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more
The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States...more
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more
You may be feeling overwhelmed with the thought of having to comply with yet another state privacy law. However, New Jersey’s privacy bill is chock-full of significant exemptions that may ease your organization’s compliance...more
The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides...more
On December 19, 2023, Rite Aid Corporation (Rite Aid) agreed to settle Federal Trade Commission (FTC) charges that it failed to take reasonable measures to prevent harm to consumers from its use of facial recognition...more
Since 2021, the administrative code of the City of New York requires commercial establishments in New York City to post conspicuous signs by their entrances if these businesses are collecting customers’ biometric information...more
On March 28, 2023, Iowa became the sixth state to enact a comprehensive consumer privacy law. If the thought of having to comply with yet another state privacy law is causing a sense of panic, fret not. Iowa’s bill is largely...more
While there is no comprehensive, federal United States law governing privacy, there are several major state laws that are currently in place. To help our clients assess their compliance posture, we have published a quick,...more
3/16/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
Kilpatrick Townsend Partner Amanda Witt (Co-Chair of the firm’s Cybersecurity, Privacy and Data Governance Practice and the firm’s Technology, Privacy & Cybersecurity Team) and Associate Zain Haq recently participated in a...more
In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another...more
12/16/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
State Privacy Laws
It’s been a blazing hot summer and privacy professionals have been sweating to keep up with all of the updates from the last few months. We all knew this was going to be a busy year with updating European data transfer...more
State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled...more
The responsibilities of privacy professionals continue to grow while resources are increasingly difficult to procure. At the Privacy + Security Forum, the deeply experienced panel of privacy professionals consisting of Ami...more
The California Consumer Privacy Act (“CCPA”) and Virginia’s Data Protection Act (“CDPA”) have created a snowball effect, encouraging Colorado to be the third state to enact comprehensive data privacy legislation. On July 7,...more
Virginia knocked off California’s crown as the only U.S. state to have a comprehensive, general consumer privacy law when Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“CDPA”) into law on March 2,...more
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”).
The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more
11/18/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action
A discussion between Kilpatrick Townsend Partner Amanda Witt and Nicole Beranek Zanon, founding partner of de la cruz Beranek Rechtsanwälte AG, on the new Swiss Data Protection Act and its impact for U.S. clients....more
9/18/2020
/ Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
International Data Transfers ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Switzerland
With slightly less than one month before the July 1, 2020 enforcement date of the California Consumer Privacy Act (“CCPA”), California’s Attorney General announced on June 2, 2020 that he had submitted the proposed final...more
Attention all who collect fingerprints and other biometric information of Illinois residents: a private right of action is now available for a mere technical violation of the Illinois Biometric Information Privacy Act...more
2/12/2019
/ Actual Injuries ,
Amusement Parks ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injunctive Relief ,
Liquidated Damages ,
Personally Identifiable Information