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The BR Privacy & Security Download: June 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. ...more

The BR Privacy & Security Download: May 2022

STATE & LOCAL LAWS & REGULATIONS - Connecticut Passes Comprehensive Privacy Bill - The Connecticut Legislature has become the fifth state in the United States to pass a comprehensive privacy law....more

The BR Privacy & Security Download: February 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. ...more

The BR Privacy & Security Download: January 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

From Fingerprints to Facial Recognition: Scanning Developments in Biometric Technology

The landscape of biometric technology is rapidly evolving. In recent years, new and exciting biometric products, businesses, and service providers have entered the market. As a result, tools that were once pure science...more

The BR Privacy & Security Download: December 2021

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. The rapid pace at which technology and data privacy and security...more

The BR Privacy & Security Download: November 2021

Welcome to this month's issue of The BR Privacy & Security Download, the new digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. The rapid pace at which technology and data privacy and security...more

Florida’s “Mini-TCPA” May Be More Broad and More Severe Than Its Federal Telemarketing Counterpart

On July 1, 2021, Florida enacted a comprehensive new telemarketing law that arguably goes beyond the federal Telephone Consumer Protection Act (“TCPA”). Referred to as Florida’s “Mini-TCPA,” this new law, CS/SB 1120, updates...more

How SCOTUS Clarified the Spokeo Standard of “Concrete” Harm Necessary to Establish Article III Standing, and What It Means for the...

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021) (“TransUnion”), providing much needed clarity regarding the type of...more

Marketing and Privacy: Supreme Court Narrows the Applicability of the TCPA’s Written Consent Requirement

Companies engaging in telephone and text marketing will find some relief in the Supreme Court of the United States’ (“SCOTUS”) recent holding in Facebook, Inc. v. Duguid, which narrows the scope of the Telephone Consumer...more

Designing a BIPA Defense: Strategies for Third-Party Technology Vendors to Challenge Biometric Class Actions

For some time now, employers have been the main target of a relentless wave of class action lawsuits by employees alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) in connection with the use...more

FinCEN Announces Plan to Require U.S. Persons to Report Foreign-Held Virtual Currency on Foreign Bank Account Reporting Forms

Individuals who own virtual currency should consult with a tax professional to determine if their virtual currency is subject to a reporting requirement. On December 31, 2020, the Financial Crimes Enforcement Network...more

Designing a BIPA Defense: Using Arbitration Agreements and Class Action Waivers to Limit BIPA Liability

Over the last 18 months or so, companies that utilize fingerprint scanners and other biometric technologies have faced a relentless wave of class action litigation filed in connection with purported violations of Illinois’...more

Cruise Industry Compliance Tips: Enhancing the Traveler Experience with Facial Recognition

In the past few years, the commercial use of facial recognition technology has advanced at an explosive rate, expanding into numerous industries and trades. For instance, facial biometrics is increasingly relied on by...more

Designing a BIPA Defense: Using Preemption and Arbitration to Defeat Biometric Class Actions

Since the Illinois Supreme Court issued its seminal decision in Rosenbach v. Six Flags Entertainment Corp. in the beginning of 2019, companies using fingerprint scanners and other biometric technologies have faced a...more

Facial Recognition at Sports Venues: Enhancing the Gameday Experience While Minimizing Liability

Facial recognition technology has rapidly transformed—and enhanced—the consumer experience across numerous industries. This includes travel, hospitality, retail, and healthcare, to name a few. Notably, facial recognition is...more

Illinois Appellate Court: Workers’ Compensation Act Does Not Preempt Biometric Claims

Recently, an Illinois appellate court held claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the Illinois Workers’ Compensation Act (“IWCA”). While the decision—McDonald v....more

Latest Challenge Shows Staying Power of CBA Preemption Defense in Biometric Class Actions

Relying on a successful preemption defense, Jackson Park SLF, LLC (“Jackson Park”) recently defeated a biometric privacy suit claiming it improperly used employees’ fingerprints to track time and attendance without first...more

Recent Amazon Biometric Privacy Ruling Shows Power of Successful Personal Jurisdiction Challenges in BIPA Class Actions

Relying on a successful personal jurisdiction defense, Amazon Web Services (“AWS”) and Pindrop Security, Inc. (“Pindrop”) recently defeated a biometric privacy lawsuit claiming they captured voice data during phone calls...more

City of Portland Enacts Nation’s First Private-Sector Facial Recognition Ban

On September 9, 2020, the City of Portland, Oregon, became the first jurisdiction in the United States to issue a sweeping ban prohibiting the use of facial recognition technology by private entities, which will go into...more

U.S. Senators Introduce Bill Imposing Stringent, National Biometric Privacy Regulation

Biometric data—like fingerprints and facial geometry scans—allows companies across all industries to significantly enhance their operations in a myriad of ways. At the same time, the call for regulation over this especially...more

The Rise of Internet of Things Security Laws – Part II

This is the second part of a two-part article examining the enactment of California’s Internet of Things (“IoT”) security law, and the wave of similar IoT laws expected to follow close behind in 2020. The first part of this...more

The Rise of Internet of Things Security Laws: Part I

This is the first article in a two-part series examining the enactment of California’s Internet of Things ("IoT") security law, and the wave of similar IoT laws expected to follow close behind in 2020. This part discusses the...more

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