Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
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The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user...more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that...more
Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more
CYBERSECURITY - FBI and DHS Warn of Russian Cyberattacks Against Critical Infrastructure - U.S. officials this week warned government agencies, cybersecurity personnel, and operators of critical infrastructure that...more
Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the...more
Last week, a federal court in Illinois ruled that the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS § 14/1 et seq.) can apply to companies that do not exclusively control consumers’ biometric data, denying an...more
2021 promises to be an exciting year in the data and privacy space. With the adoption of technologies that collect, analyze, aggregate, distribute and share data, and the implementation of new laws and regulations in...more
On January 28, 2021, privacy professionals around the world will celebrate Data Privacy Day. This year, we decided to mark the occasion by gathering our team’s thoughts and expectations on what we expect to be the biggest...more
Brexit Effects on Trademarks Beginning January 1 - Trademark owners with registrations in EU where the UK is designated should soon receive notification for treatment of registrations and applications following the Brexit...more
U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more
The Editors' Note - Welcome to the third issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
Consistent with our experience, security firm McAfee has confirmed in a report that ransomware attacks have doubled in 2019. Medical providers have been hit hard this year, and one provider, Wood Ranch Medical, located in...more
Rivera v. Google, a recent federal court decision from the Northern District of Illinois, highlights how challenges to Article III standing are a versatile and useful tool for corporate defendants in privacy and cybersecurity...more
Canada - Data Breach Notification Provisions of PIPEDA Act Go Into Effect Nov. 1, 2018 - • Pursuant to a March 26, 2018 Order in Council, the mandatory breach notification provisions of Canada’s Personal Information...more
Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more