News & Analysis as of

Data Collection Personally Identifiable Information

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

Do You Have “Security Fatigue”?

Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more

Privacy Perils: Driverless Cars Are the Future, But Are There Privacy Potholes Ahead?

by Bass, Berry & Sims PLC on

Driverless cars are no longer a far-off pipe dream. Look for Hyundai and Toyota to showcase their driverless models at the upcoming 2018 and 2020 Olympics (in South Korea and Japan, respectively). Many predict that within 10...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

by Locke Lord LLP on

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks

by K&L Gates LLP on

Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

by BakerHostetler on

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...more

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits...more

Protecting Kids' Information Under the COPPA Cabana

In August 2017, Disney and three of its software developer vendors were sued in a class action in California in which it was alleged that Disney collected children’s information in violation of the Children's Online Privacy...more

FTC Provides Additional Guidance on COPPA Policy for Voice Recordings

The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s...more

Biometric Time Clocks May Be a Ticking Time Bomb for Employers

by Locke Lord LLP on

Employers in Illinois that are using biometric time clocks that use fingerprints or other biometric identifiers to identify particular employees need to be aware of the substantial compliance obligations imposed by the...more

Cybersecurity Myths Debunked

by Foley & Lardner LLP on

Security incidents, loss of customer data, exposure of confidential corporate assets, demands of ransom, and similar stories are becoming daily headlines with the impacts being felt across a wide variety of industries. We...more

Children's Products and the "Internet of Things": Data Privacy Beyond COPPA

by Stinson Leonard Street on

In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more

Washington's New Biometric Privacy Statute and How It Compares to Illinois and Texas Law

by Alston & Bird on

Washington recently became the third state to pass a statute regulating the commercial use of biometric identifiers. The growing trend of state biometric privacy legislation began in 2008, when Illinois enacted the Bio-metric...more

New Wave Of Biometric Privacy Class Actions: Could You Be A Target?

by Shook, Hardy & Bacon L.L.P. on

While the privacy world is focused on the Equifax data breach, another development is taking place that could have a more lasting effect on privacy law. In the last month, plaintiffs’ lawyers in Illinois have filed over 20...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

Episode 23: Using “People Analytics” to Make Smart Business and Corporate Culture Decisions

by Akerman LLP on

Matt Steinberg welcomes Humanyze CEO, Ben Waber, to discuss the growing science around people analytics—the “big data” underlying day-to-day workplace interactions. Matt and Ben discuss how technology (e.g., ‘next-gen’...more

IoT, spyware and privacy risks

by DLA Piper on

The Internet of Things (IoT) enables everyday objects – printers, thermostats, pacemakers, cars – to collect and exchange data over the Internet. Like other online data, IoT data can be mined, transformed and monetized....more

Ninth Circuit Examines VPPA Standing

After concluding that the plaintiff in Robins v. Spokeo has Article III standing to pursue his case, the U.S. Court of Appeals, Ninth Circuit may be considering a similar issue in the context of the Video Privacy Protection...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

Implementing China’s Cybersecurity Law

by Jones Day on

China’s Cybersecurity Law was issued on November 7, 2016, by the Standing Committee of the National People’s Congress, and it came into effect on June 1, 2017. The Cybersecurity Law marks the first comprehensive law in China...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

GDPR Applies to US Firms

The European Data Protection Regulation is to come into force on 25 May 2018 (the “GDPR”). It introduces many far-reaching changes in data processing, including the possibility of the supervision authority to impose high...more

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Cybersecurity

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