The Supreme Court issued a unanimous opinion today slashing the Federal Trade Commission’s ability to seek monetary awards in court, finding that Congress had not intended to give the agency that power in a section of the Federal Trade Commission Act granting the FTC the ability to seek injunctions. This critical ruling invalidates what has
Driver’s licenses have been in the news quite a bit recently – and not just because of Olivia Rodrigo’s hit single. The Eighth Circuit recently ordered a new trial in a litigation involving alleged violations of the Driver’s Privacy Protection Act in a decision implicating important principles of evidentiary law in the context of data
CPW has previously reported on the anticipated impact of a Biden presidency on data privacy and data privacy litigation. In an update to that prior analysis, President Biden has reportedly selected Lina Khan, a prominent antitrust scholar and professor at Columbia Law School, for a vacancy at the Federal Trade Commission (“FTC”). Khan’s nomination
In its latest filing in Thornley v. Clearview AI, No. 20-3249, defendant Clearview AI petitioned the Seventh Circuit to stay the issuance of its mandate in the litigation because it plans to file a petition for writ of certiorari with the Supreme Court. The Seventh Circuit has not yet issued its mandate following its
Virginia took one step closer the end of last week to becoming the second state with its own comprehensive data privacy legislation, as the Virginia General Assembly voted to send the Consumer Data Protection Act (“CDPA”) to the desk of Governor Ralph Northam. Governor Northam has previously expressed support for the measure and is expected
The Seventh Circuit has declined to revisit its ruling affirming that a putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) should be heard in state court, rather than federal court. In an Order denying defendant Clearview AI’s petition for rehearing en banc in Thornley v. Clearview AI, No. 20-3249, the court
Many of the litigations that CPW has previously covered involving Illinois’ Biometric Information Privacy Act (“BIPA”) have turned on issues with parties that have directly used biometric technology to collect and store personal information. These parties are often employers collecting information about their employees, such as having employees scan fingerprints to clock in and out.
CPW has previously covered the proliferation of data breaches, including in the healthcare context. In a dramatic rebuttal of how the Department of Health and Human Services Office of Civil Rights’ (“OCR”) has historically enforced HIPAA, the Fifth Circuit Court of Appeals recently handed down a landmark decision vacating a multi-million dollar penalty that
Several weeks ago, ConsumerPrivacyWorld reported that the Seventh Circuit had affirmed a district court decision to remand a putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) to Illinois state court. In Thornley v. Clearview AI, No. 20-3249, 2021 U.S. App. LEXIS 1006 (7th Cir. Jan. 14, 2021), the Seventh Circuit found
While many federal courts have weighed in on the issue of what suffices for Article III standing in the context of a data breach litigation, not all state courts have. Last week, the Superior Court of Delaware found that a group of plaintiffs who received a notice that their personal information had been potentially compromised
