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Data Retention Data Collection Biometric Information

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

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The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Baker Donelson

FTC Publishes Long-Awaited Proposed Updates to the Children's Online Privacy Protection Act (COPPA)

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On December 20, 2023, the Federal Trade Commission (FTC) published its Notice of Proposed Rulemaking to update the Children's Online Privacy Protection Act (COPPA), the latest step in a process that started in 2019 with an...more

Perkins Coie

FTC Proposes Changes to COPPA Rule

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The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more

Hinch Newman LLP

FTC Advertising Law Alert: Proposed Revisions to the COPPA Rule

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The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more

Davis Wright Tremaine LLP

Florida Digital Bill of Rights Signed Into Law

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

Foley & Lardner LLP

Considering Using Biometric Information? Adopt a Biometric Policy Now

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Businesses and organizations operating in Illinois – including any business with an online presence accessible to residents of Illinois – should remain vigilant of the ever-changing set of pitfalls stemming from the Illinois...more

Bond Schoeneck & King PLLC

Illinois Appellate Court Imposes Strict Timeline for Retention and Destruction of Biometric Data

In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals held that Illinois’ Biometric Information Privacy Act (BIPA or Act)...more

Seyfarth Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Ervin Cohen & Jessup LLP

Insurance Coverage For Claims Involving The Misuse Of Biometric Information

​​​​​​​As the use of biometric information for verification purposes becomes widespread, employers and others should be aware of statutes which regulate the collection, storage and dissemination of this data. In this regard,...more

Association of Certified E-Discovery...

4 Data Retention Challenges You Must Be Able to Solve

In the not-so-distant past, data risk was primarily seen as a technology challenge. How can organizations store all the data they accumulate? How can they sort and analyze it? How can they protect it from exfiltration by...more

Wiley Rein LLP

National Privacy Law: Bipartisan Proposed Legislation Regarding Privacy Released

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On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more

Ballard Spahr LLP

The State of Proposed Biometrics Laws

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2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

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Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Saul Ewing LLP

Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act

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Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Settles with Everalbum Over Misuse of Facial Recognition Technology

On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the...more

Reveal

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

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Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology...more

Manatt, Phelps & Phillips, LLP

Retention of Biometric Data Beyond Stated Period Creates Article III Standing: Seventh Circuit

Alleged violations of privacy laws continue to bedevil the federal courts—in particular, with respect to determining whether an alleged violation creates a sufficiently concrete and redressable grievance to permit the federal...more

Proskauer - Law and the Workplace

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more

Kilpatrick

BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

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Takeaway: Article III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show “‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not...more

White & Case LLP

Building a Robust Biometric Compliance Program in the US: A Five-Step Checklist

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As companies across industries continue to take advantage of existing and emerging technologies that involve the collection and use of human biometric identifiers, corporate privacy programs must take into account the unique...more

American Conference Institute (ACI)

[Virtual Event] Advertising & Marketing Law - January 19th - 21st, 8:15 am - 1:15 pm EST

Be part of this renowned event which shape the law, policy and proceedings of Canadian advertising and marketing law. Attend the Canadian Institute’s 27th Annual Virtual Conference on Advertising & Marketing Law to delve...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Association of Certified E-Discovery...

Popular Jewel-Osco Grocery Chain Claims BIPA is Unlawful

BIPA (Biometric Information Privacy Act) was first introduced by Illinois in 2008 and requires informed consent of the collection of biometric data prior to collection, prohibits companies from profiting from biometric data,...more

Whitman Legal Solutions, LLC

Video Surveillance and Facial Recognition

Facial Recognition Technology - For those who are neither a wizard nor a violinist, one of the most unique things they lay claim to is their face.  Faces are so unique that technology can use a person’s face to in lieu of...more

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