Federal Trade Commission (FTC)

Welcome to the 2022 Q3 edition of the Artificial Intelligence & Biometric Privacy Report, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team.

Also, we are extremely pleased to announce that our own Kristin Bryan was named as a 2022 Law360 Cybersecurity & Privacy MVP. As Law360 notes, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” You can read more about Kristin’s Law360 award here: Law360 MVP Awards Go to 188 Attorneys From 78 Firms.

Continue Reading 2022 Q3 Artificial Intelligence & Biometric Privacy Report

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

WEBINAR Federal Privacy Legislation: Within Reach After a Decade of Debate. If So, What Next?

Federal Court Dismisses Biometric

For almost four years now, attorneys have remained relentless in their quest to extend the outer boundaries of the Illinois Biometric Information Privacy Act (BIPA) as far as courts are willing to allow. During this period, many defendants have struggled with procuring dismissals of BIPA class claims.

One particular defense, however, has developed into an extremely robust tool for companies engaged in biometric privacy class suits: BIPA’s “financial institution” exemption. Contrary to what its name suggests, the benefits of this entity-level carve-out extend to a range of entities well beyond traditional banks and financial institutions. A recent BIPA opinion issued by a Northern District of Illinois court demonstrates the expansive scope of the exemption and provides several key takeaways for defendants to defend against—and outright defeat—BIPA claims at a time when biometric privacy class action exposure continues to grow.

Continue Reading Federal Court Dismisses Biometric Privacy Class Action Brought Against University, On Basis It Was a Regulated “Financial Institution”

On Monday, it was announced that the Federal Trade Commission (“FTC”) was taking action against education technology provider Chegg Inc. (“Chegg”) for its deficient data security practices that exposed the sensitive information of millions of its customers and employees, including Social Security numbers, email addresses and passwords.  According to the FTC, Chegg allegedly failed to fix problems with its cybersecurity despite experiencing four breaches since 2017.  This latest development is another reaffirmation of the FTC’s prioritization of privacy and security, as previously covered on CPW.

Continue Reading Ed Tech Company’s Four Data Breaches in Three Years Leads to FTC Enforcement Action

The Federal Trade Commission (FTC) has applied increasing scrutiny to the issue of cybersecurity, after announcing this spring that a failure to provide accurate and timely notice of a data breach could constitute an unfair or deceptive practice under Section 5 of the FTC Act.

Continue Reading CPW’s Kristin Bryan Interviewed by the Washington Post Regarding the FTC’s Focus on Cybersecurity