On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”
The webinar will address the recent surge in consumer class actions, compliance considerations, and recent developments
Tennessee and Montana are now set to be the next two states with “omnibus” privacy legislation. “Omnibus” privacy legislation regulates personal information as a broad category, as opposed to data collected by a particular regulated business or collected for a specific purpose, like health information, financial or payment card information. As far as omnibus laws go, Tennessee and Montana are two additional data points informing the trend we are seeing at the state level regarding privacy and data protection. Fortunately (or unfortunately depending on your point of view) these two states have taken the model which was initiated by Virginia and Colorado instead of following the California model.
Is there Really Anything New?
While these two new laws may seem to be “more of the same”, the Tennessee law contains some new interesting approaches to the regulation of privacy and data protection. While we see the usual set of privacy obligations (notice requirements, rights of access and deletion, restrictions around targeted advertising and online behavioral advertising, et cetera) in both the Tennessee and Montana laws, Tennessee has taken the unusual step of building into its law specific guidance on how to actually develop and deploy a privacy program in the Tennessee Information Protection Act (“TIPA”).Continue Reading Two New State Privacy Laws – But What is Really New?
Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the exclusivity provisions of the Illinois Workers’ Compensation
On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment
On April 29, 2021, the national legislator in China released the second draft of the Personal Information Protection Law (“PIPL”) to collect public comments until May 28, 2021. The updated draft substantially follows the framework of the first draft, which marks China’s comprehensive system for the protection of personal information, sets forth general rules for the processing and transferring of personal information across China’s borders, and echoes certain mechanisms under the EU’s General Data Protection Regulation (“GDPR”), including application of extraterritorial jurisdiction, with which China would use long-arm jurisdiction to regulate the concerned entities across borders. This approach reflects China’s position that privacy law is an important component of China’s long term strategy on the international stage. In fact, the PIPL expressly contemplates China’s engagement with other jurisdictions (at both the country and regional levels) to try to create “interoperability” with these other privacy systems. Below we summarize key terms of the updated draft PIPL.
Continue Reading China Released Second Draft of Personal Information Protection Law
In a long awaited decision, the European Commission (“Commission’) adopted two new sets of standard contractual clauses (“SCCs”) to reflect the EU’s General Data Protection Regulation (“EU GDPR”) and ‘the realities faced by modern business’ (see the Commission’s press release). These replace the current SCCs that were adopted over 10 years ago under the, now repealed, Data Protection Directive. The EU’s Commissioner for Justice, Didier Reynders, cited the SCCs as providing companies with ‘more safety and legal certainty’ and as being ‘user friendly tools’.
It is important to note that the new set of SCCs is significantly different than the previous set. For example, instead of focusing on the status of the parties as “controller” or “processor”, the new SCCs focus on the location of the parties, regardless of status. This is a significant departure from the prior form.
Continue Reading Out With the Old, In With the New: New GDPR Standard Contractual Clauses
Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Businesses in these cities should carefully review these new ordinances as well as any technology they be using that has the potential to collect biometric information.
Continue Reading Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation
Cross-posted from Seyfarth’s Workplace Class Action Blog.
Seyfarth Synopsis: Following in the footsteps of New York, Maryland recently introduced a standalone biometric information privacy bill, House Bill 218, that mirrors Illinois’ highly litigious Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”) in many respects. Most notably, as presently drafted, Maryland’s proposed bill, like Illinois’ BIPA, provides for a private right of action, statutory penalties, and plaintiffs’ attorneys’ fees – which has spawned thousands of class actions in the Land of Lincoln. If enacted, the Maryland bill would become only the second biometric privacy act in the United States to provide a private right of action and plaintiffs’ attorneys’ fees for successful litigants. This represents a significant development for companies and employers operating in Maryland in light of the explosion of class action litigation that has arisen from Illinois’ BIPA in recent years. Moreover, the recent introduction of such bills in Maryland and New York signal that states are increasingly modeling proposed biometric privacy litigation on Illinois’ BIPA. Employers must take notice and monitor such developments to avoid being subject to a class action lawsuit – particularly as the purposes for utilizing such technology continue to expand.
Continue Reading Maryland Joins Growing Number Of States Introducing Biometric Information Privacy Bills With Potential To Spur Class Action Litigation
Cross-posted from Seyfarth’s Workplace Class Action Blog.
Seyfarth Synopsis: The New York state legislature recently introduced a standalone biometric information privacy bill, AB 27, that mirrors Illinois’ Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”), which has spawned thousands of class actions in the Land of Lincoln. If enacted, The New York bill would become only the second biometric privacy act in the United States to provide a private right of action and plaintiffs’ attorneys’ fees for successful litigants. This represents a significant development for companies and employers operating in New York in light of the explosion of class action litigation over workplace privacy issues.
Continue Reading Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA
Monday, California Attorney General Xavier Becerra submitted of the Final Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). Under the California Administrative Procedure Act (APA), the OAL has 30 business days plus 60 calendar days (due to a COVID-related executive order) to determine whether the regulations meet the requirements of the APA. This final submission comes after various public forums, hearings, commentary, and revisions to the regulations.
Continue Reading The CCPA Regulations Are Finally Here