Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On April 17, 2025, the Connecticut Office of the Attorney General (“OAG”) released an Updated Enforcement Report Pursuant to the Connecticut Data Privacy Act (“Report”). The Report, the second issued by OAG (read our...more
Keypoint: Last week, the Colorado legislature passed an amendment to the state’s data privacy law, the Texas legislature passed a bill regulating app stores, and there were developments with bills in Connecticut, Maine, New...more
Colorado was the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia (the Colorado Privacy Act (the “CPA”). Now Colorado is increasing protections again,...more
Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14...more
Sports teams, leagues, agents and venues collecting personal information from athletes, fans and sponsors must comply with evolving privacy regulations. Here are key takeaways from a conversation Orrick recently hosted with...more
Several state attorneys general (AGs) and the Federal Trade Commission (FTC) have begun scrutinizing ancestry tracking company 23andMe following its recent announcement that it has filed for Chapter 11 bankruptcy. As part of...more
A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more
On February 10, 2025, the first class action complaint was filed under Washington state’s My Health My Data Act (“MHMDA”), over a year after the law was passed. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
Comprehensive state privacy laws often task a state regulator to promulgate accompanying regulations that clarify the law’s requirements and to enforce the law by providing further guidance through its enforcement actions....more
Keypoint: Last week, the Utah legislature passed two bills prior to closing while Georgia’s Senate passed a consumer data privacy bill and the Arizona House passed a social media bill. Below is the ninth weekly update on...more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more
After Washington adopted the My Health My Data Act (MHMDA) almost two years ago, we and others predicted that the law would lead to a wave of private lawsuits against companies operating in or adjacent to the health space....more
On January 16, 2025, the Federal Trade Commission (“FTC”) announced its Final Rule amendments to the Children’s Online Privacy Protection Act (“COPPA”) Rule, which imposes requirements on website and online service operators...more
On January 16, 2025, the Federal Trade Commission (FTC) published its Final Rule officially adopting updates to the Children’s Online Privacy Protection Act (COPPA). For a comprehensive overview of these changes, be sure to...more
On January 17, the District of Columbia Circuit issued a pivotal opinion regarding the Fifth Amendment rights of a defendant-appellant compelled by the FBI to unlock his cellphone using his thumbprint. The D.C. Circuit’s...more
Last year proved to be an incredibly active year for data privacy legislation, state and federal enforcement actions, and new compliance challenges introduced by emerging technology. Looking ahead to this year, there is no...more
The National Retail Federation (NRF) “Big Show,” held annually in New York, is a premier event for unveiling cutting-edge technologies in the retail industry. This event serves as a forum where vendors showcase new tools...more
The Federal Trade Commission's first update in over a decade to its rules under the Children’s Online Privacy Protection Act (“COPPA”) did not bring the dramatic updates that some privacy advocates had requested. Instead, the...more
It is hard to believe that another year is upon us! As we have done in years past (including 2023, 2022, 2021, 2020, 2019 and 2018), we have created a comprehensive resource of all our www.eyeonprivacy.com posts from 2024. As...more
Keypoint: In our second weekly update for 2025, we are tracking new bills filed in Arkansas, Hawaii, Illinois, Massachusetts, Missouri, Nebraska, New Jersey, New York, Oklahoma, South Carolina, Texas, and Virginia. Below is...more
On January 16, 2025, the Federal Trade Commission (FTC or Commission) finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule). The Final Rule adopts certain amendments that were proposed in...more
We are back for our sixth year of tracking proposed state privacy legislation and fifth year of providing weekly updates. As in past years, we will track proposed state privacy legislation through these weekly updates and our...more