With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data. First, AB 825, will expand the definition of personal information to include genetic data, for data breach notification requirements
Illinois Panel Issues Important Ruling on BIPA Statute of Limitations
On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although
Baltimore Officially Bans Private Use of Facial Recognition Technology
Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became effective. The new ordinance prohibits the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022.
As Facial Recognition Technology Surges, Organizations Face Privacy and Cybersecurity Concerns, and Fraud
Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the COVID-19 pandemic. As the need arose to screen persons entering a facility for symptoms of the virus, including temperature, thermal cameras, kiosks, and other devices
City of Baltimore May Criminalize the Use of Facial Recognition Technologies by Businesses
The Baltimore City Council recently passed an ordinance, in a vote of 13-2, barring the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. Council Bill 21-0001 prohibits persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any
NYC Council Passes Data Privacy Bill That Would Impose Rigorous Requirements On Owners of “Smart Access” Buildings
As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space. Most recently, on April 29, 2021, the New York City Council passed the Tenant Data Privacy Act (“TDPA”), which
NYC Creates BIPA-Like Requirements for Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers
Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. These businesses will also be barred from selling, leasing, trading, sharing or otherwise profiting from the biometric identifier information they collect from customers. Customers
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”). Back in September, the Illinois Appellate Court for the First Judicial District held that
California State Healthcare Worker Accesses COVID-19 Data on More Than 2,000 Patients and Employees
As we noted in late January 2020, the spread of infectious disease raises particular concerns for healthcare workers who want to do their jobs and care for their patients, while also protect themselves and their families. Perhaps the desire to protect one’s self and family is what motivated a California state healthcare worker to access
Maryland Joins New York with a BIPA-like Biometric Privacy Bill
On January 13, House Delegate Sara Love Introduced the “Biometric Identifiers and Biometric Information Privacy Act” (the “Act”) substantially modeled after the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (the “BIPA”). Enacted in 2008, the Illinois BIPA only recently triggered an avalanche of class actions in Illinois, spurring other