On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
12/5/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Fingerprints ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Illinois ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws ,
Technology
On October 27, 2023, the Federal Trade Commission (FTC) finalized an amendment to the Safeguards Rule that will impose data breach reporting requirements on nonbanking financial entities subject to the Gramm-Leach-Bliley Act...more
This has been a busy year for privacy legislation, with dozens of states deliberating consumer privacy bills. Today, 13 states have their own consumer privacy laws, a tally that climbs to 15 if we include the health privacy...more
On September 11, 2023, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act (DPDPA) into law, making Delaware the 13th state to enact a consumer privacy law. The DPDPA closely tracks the laws in...more
On August 28, 2023, the California Privacy Protection Agency (CPPA) released discussion drafts of regulations on cybersecurity audits and privacy risk assessments in advance of the CPPA’s meeting on September 8,...more
9/5/2023
/ Audits ,
California ,
California Privacy Protection Agency (CPPA) ,
Corporate Governance ,
Cybersecurity ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Regulatory Agenda ,
Risk Assessment ,
Risk Management ,
State Privacy Laws
On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more
7/25/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
Data Collection ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
IL Supreme Court ,
Illinois ,
Privacy Acts ,
State Privacy Laws
On June 30, 2023, the California Superior Court hearing Cal. Chamber of Commerce v. Cal. Privacy Prot. Agency, No. 34-2023-80004106 (Cal. Sup. Ct.), delayed enforcement of the latest California Consumer Privacy Act (CCPA)...more
Following in the footsteps of Washington State’s My Health My Data Act, Nevada SB 370 and Connecticut SB 3 were both recently approved by their respective governors. As detailed below, the laws impose a number of new...more
Add Oregon to the list of states passing consumer privacy laws this year. On June 22, 2023, the Oregon House of Representatives passed SB 619, the proposed Oregon Consumer Privacy Act (OCPA), following the Senate’s passage on...more
6/27/2023
/ Consumer Privacy Rights ,
Consumers ,
Data Protection ,
Enforcement ,
Exemptions ,
Legislative Agendas ,
New Legislation ,
Oregon ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Sensitive Personal Information ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
The legal privacy landscape is quickly shifting as new consumer privacy laws spring up each year. Alcohol companies looking to maximize their customer data must understand how to comply with applicable privacy rules and...more
6/2/2023
/ Breweries ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Customer Information ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Use Policies ,
Distilleries ,
Marketing ,
Privacy Laws ,
Risk Mitigation ,
Supply Chain ,
Webinars ,
Wineries
On July 1, 2023, two more state privacy laws will take effect. The new laws in Colorado and Connecticut will impose requirements that extend beyond the rules in California and Virginia that took effect earlier this year. July...more
5/15/2023
/ Best Practices ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Data Privacy ,
New Legislation ,
Personally Identifiable Information ,
State Privacy Laws ,
Webinars
On May 9, 2023, the Florida legislature passed the Florida Digital Bill of Rights (FDBR), which adds a new twist to the growing body of state consumer privacy laws. The bill now heads to Governor Ron DeSantis’ desk, and it is...more
5/11/2023
/ Consumer Privacy Rights ,
Corporate Counsel ,
Florida ,
Governor DeSantis ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
We said it earlier this month: With many state legislative sessions coming to an end, we were likely to see a push by states to finish up debates and votes on consumer privacy laws, and now you can count Tennessee (and...more
4/25/2023
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State Legislatures ,
State Privacy Laws
We said it earlier this month: With many state legislative sessions coming to an end, we were likely to see a push by states to finish up debates and votes on consumer privacy laws. Now you can count Montana (and Tennessee)...more
4/25/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With the end of several state legislative sessions on the horizon, it is perhaps unsurprising that we are seeing an uptick in state legislatures passing consumer (or health) data privacy laws. You can now count Indiana among...more
Washington State’s My Health My Data Act (the Act), which is working its way through the reconciliation process after the Washington Senate and House passed different versions of the Act, is ultimately expected to be signed...more
4/14/2023
/ Carve Out Provisions ,
DATA Act ,
Data Controller ,
Enforcement ,
Exemptions ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Private Right of Action ,
State and Local Government ,
Washington
As expected, the number of state consumer privacy laws continues to rise. Joining the ranks of California, Colorado, Connecticut, Utah and Virginia is now Iowa. On March 28, 2023, Iowa’s Governor signed the Iowa Data Privacy...more
In a country that is still struggling with an opioid epidemic, and where there are enough rules and laws regulating the dispensing of medication to fill a tome, it makes sense that medical providers across the nation are...more
4/4/2023
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employees ,
Facial Recognition Technology ,
Fingerprints ,
Health Care Providers ,
Hospitals ,
Physicians ,
Policies and Procedures ,
Prescription Drugs ,
State and Local Government ,
State Privacy Laws
During this session, this roundtable focused on steps that investors can take to promote compliance. Among other topics, there was discussion regarding the roles, responsibilities and best practices for those serving in board...more
There has been a flurry of state privacy activity in the past week, with Colorado becoming the latest state to finalize sweeping data privacy rules and Iowa on the precipice of becoming the sixth state to enact comprehensive...more
During speeches earlier this month, Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. announced significant changes to the way DOJ evaluates corporate...more
3/17/2023
/ Bonuses ,
Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Continuing Legal Education ,
Corporate Misconduct ,
Data Collection ,
Data Privacy ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronic Devices ,
Enforcement Actions ,
Executive Compensation ,
Human Resources Professionals ,
Incentives ,
International Data Transfers ,
Noncompliance ,
Penalties ,
Pilot Programs ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Webinars
In a recent non-binding opinion, EU regulators expressed timid positivity about the European Commission’s draft adequacy decision on the EU-US transatlantic data flows framework (Data Privacy Framework or DPF). While some...more
On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and...more
On February 3, 2023, after two comment periods and much anticipation, the California Privacy Protection Agency (CPPA) voted to adopt and approve its draft California Consumer Privacy Act (CCPA) regulations. The final...more
On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more