News & Analysis as of

Personally Identifiable Information

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

White and Williams LLP

Data for Sale

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What happens to sensitive personal information shared by consumers when the company collecting that information encounters financial distress? That exact issue is currently front and center in the Chapter 11 proceedings of...more

ArentFox Schiff

Virginia Strengthens Privacy Protections for Reproductive and Sexual Health Information

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On July 1, the Virginia Consumer Protection Act (VCPA), as amended by Senate Bill (SB) 754, will provide additional privacy protections for reproductive and sexual health information. The legislation expands the VCPA to...more

Katten Muchin Rosenman LLP

Second Circuit Sets Precedent Limiting VPPA in Facebook Pixel Cases

Over the past several years, class action litigants have flooded federal dockets with Video Privacy Protection Act (VPPA) cases against companies that embed Facebook’s Pixel tool on their websites. The plaintiffs have...more

Orrick, Herrington & Sutcliffe LLP

Virginia Enacts Amendment to Protect Reproductive and Sexual Health Privacy

Virginia recently enacted an amendment to its state Consumer Protection Act to regulate the processing of Virginia consumers’ reproductive and sexual health information. Specifically, SB 754 prohibits businesses from...more

Loeb & Loeb LLP

Second Circuit Joins Judicial Trend: No VPPA Violation in Pixel-Sharing Case

Loeb & Loeb LLP on

The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more

Cadwalader, Wickersham & Taft LLP

“Littlejohn Notices” Continue to Cause Big Headaches for Taxpayers

Earlier this year, the IRS confirmed that over 400,000 taxpayers were victims of IRS contractor Charles Littlejohn’s 2019 leak of taxpayer data, which is discussed here. Littlejohn stole IRS data that included taxpayers’...more

Woods Rogers

Virginia Consumer Protection Act Amendments Restrict Collection, Use, or Sharing of Health Information

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On March 24, 2025, Senate Bill 754 (pdf) was signed into law amending the Virginia Consumer Protection Act (VCPA), the Commonwealth’s general consumer protection law. The VCPA was originally passed in 1977 as remedial...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Orrick, Herrington & Sutcliffe LLP

District court partially grants defendants’ motions to dismiss, tosses Privacy Act claim

On April 16, the U.S. District Court for the District of Columbia granted in part and denied in part the defendants’ motion to dismiss a case involving claims that DOGE and several federal agencies (including the DOL, the...more

WilmerHale

Virginia Amends Consumer Protection Act to Protect Reproductive and Sexual Health Information

WilmerHale on

On March 24, Virginia Governor Glenn Youngkin signed SB 754 into law. SB 754, which will take effect on July 1, 2025, amends the Virginia Consumer Protection Act (VCPA) to prohibit certain entities from, in connection with a...more

Cozen O'Connor

FAA Proposes to Increase Privacy for Private Aircraft Owners and Operators

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The Federal Aviation Administration (FAA) recently announced a process by which private aircraft owners and operators may electronically request that the FAA withhold their aircraft registration information from public view....more

Wiley Rein LLP

Virginia Enacts Amendments to Consumer Protection Act

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Virginia recently amended its Consumer Protection Act (the Act) to provide enhanced protection for reproductive and sexual health information. These protections take effect on July 1, 2025. The amendment prohibits a...more

Holland & Knight LLP

Google Search: Data Sharing as a Risk or Remedy?

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Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Mayer Brown

Department of Justice Releases Compliance & Enforcement Guidance on Data Security Program

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On April 11, 2025, the Department of Justice (DOJ) announced additional guidance regarding the implementation of the Final Rule (the “Rule”), Provisions Pertaining to Preventing Access to U.S. Sensitive Personal Data and...more

McDermott Will & Emery

Virginia Strengthens Reproductive Health Data Protections

McDermott Will & Emery on

On March 24, 2025, the governor of Virginia signed into law Senate Bill 754, which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection, use, sale, or sharing of personally identifiable reproductive...more

Husch Blackwell LLP

FAA Implements Section 803's Data Privacy Provisions

Husch Blackwell LLP on

As required by the Federal Aviation Administration (FAA) Reauthorization Act of 2024, codified at 49 U.S.C. § 44114(b), the FAA implemented Section 803 Data Privacy (and issued a notice describing such implementation) on...more

BakerHostetler

Heightened Protection of Reproductive Health Information at US State Level on the Rise - Amendments to Virginia’s Consumer...

BakerHostetler on

On March 24, Virginia Gov. Glenn Youngkin approved SB 754, titled “Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information.”...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Seward & Kissel LLP

Bad Idea Genes, Pension Plan (?), and Vertical Integration

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23andMe files for bankruptcy, Anne Wojcicki steps down as CEO | CNBC - Genetic testing company 23andMe filed for Chapter 11 bankruptcy protection in Missouri federal court. Anne Wojcicki, co-founder and CEO, has resigned...more

Wyrick Robbins Yates & Ponton LLP

5 Reasons Virginia’s New Reproductive and Sexual Health Privacy Law is a BFD for Business (Spoiler: There’s a Private Right of...

In a development that seems to have flown mostly under the radar this week, Virginia’s governor signed on Monday SB754, a bill passed by the state’s General Assembly that amends the state’s Consumer Protection Act to strictly...more

Ward and Smith, P.A.

Privacy and Data Security in Community Associations: Navigating Risks and Compliance

Ward and Smith, P.A. on

For community associations, this is especially important as these organizations often manage large amounts of PII of homeowners and residents (e.g., name, address, phone number, etc.), including certain categories of...more

Osano

[Virtual Event] The Privacy Pro Survival Summit 2.0: This Time It’s Personal - April 10th, 10:30 am - 5:30 pm EST

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Privacy pros are passionate about doing good work, in every sense of the word. Yes, we care about managing privacy as thoroughly and efficiently as possible (and not getting fined). But we are all in this line of work for a...more

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec’s Restrictive Approach to Biometric Data Poses Challenges for Businesses Working on Security Projects

The recent decision by the Commission d’accès à l’information du Québec (CAI) regarding a popular grocer’s biometric data project in Quebec has far-reaching implications for other businesses considering or currently using...more

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