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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.

Our Team Joined the Discussion on the Stage of the Global Data Protection Congress 2022 | Consumer Privacy World

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

CPW’s Kristin Bryan joins two of Squire Patton Boggs’ policy experts – Beth Goldstein and Jeffrey Turner – to discuss one of the most critical pieces of privacy legislation in years, the American Data Privacy and Protection Act (ADPPA), for Lexology’s Masterclass series. This game-changing privacy legislation not only has potential far-reaching impact, but

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”

A federal court recently sanctioned defendants for spoilation of evidence in litigation. In doing so, the Court rejected the Defendant’s argument that they changed their data settings in good faith to align with the California Consumer Privacy Act of 2018 (“CCPA”) and the International Standard of Operation Compliance (“ISO”). 2022 U.S. Dist. LEXIS 178233 (N.D. Ohio Sep. 29, 2022). Read on to learn more.

Continue Reading Federal Court Sanctions Company for Spoilation of Evidence Over Arguments Data Settings Changed to Comply with CCPA and ISO Requirements

CPW’s Kristin Bryan was recently interviewed about “BIPA and Forthcoming Changes to Biometric Privacy Laws” on the LexisNexis Practical Guidance Podcast’s third episode of the Data Privacy Series. During her interview with Kevin Hylton, who hosts the podcast, Kristin sets the stage for the rise in BIPA class action claims in areas such

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

Last week, the United States Court of Appeals for the Third Circuit denied rehearing en banc in a case about the application of Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (“WESCA”), 18 Pa. C.S. § 5701 et seq., and issued an amended opinion to “clarify issues raised” by the defendants—an online retailer and an internet marketing company. The order leaves in place the Third Circuit’s August 2022 judgment in favor of the plaintiff consumer, which held that, dependent on further fact finding, defendants may be liable under WESCA for “intercepting” the consumer’s interactions with the retailer’s own website.

Continue Reading Third Circuit Denies Rehearing En Banc, Amends Opinion in Key Pennsylvania Wiretap Case Over Internet Third-Party Marketing

Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.

Continue Reading California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information

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.

Ad Industry Group Modifies Its Compliance Program to Address 2023 US State Privacy Laws | Consumer Privacy World

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