As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology
BIPA
Illinois Governor Signs BIPA Amendment Into Law
On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an overwhelming majority, confirms that a private entity that more than once collects or discloses the same biometric…
Colorado Expands Protections for Biometric Information under the Colorado Privacy Act
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal data of individuals acting in a commercial or employment context. Last week, Colorado amended the CPA to broaden the protections…
Privacy Versus Cyber – What is the Bigger Risk?
“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions…
Jody Kahn Mason Authors “How Upcoming Biometric Ruling May Affect Ill. Employers”
Last month, the Illinois Supreme Court heard oral argument in the closely watched case of Cothron v. White Castle System Inc., and is set to decide when claims under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act accrue.
The court’s forthcoming decision in Cothron is likely to have a significant impact
…
Trade Associations Weigh In on Claim Accrual Under Illinois Biometric Information Privacy Act
Co-authors: Nadine C. Abrams and Richard Mrizek
In a ruling that may have significant impact on the constant influx of biometric privacy suits under the Biometric Information Privacy Act (BIPA) in Illinois, the Illinois Supreme Court will soon weigh in on whether claims under Sections 15(b) and (d) of the BIPA, 740 ILCS 14/1, et…
California State Senator Introduces a BIPA-like Law to Protect Biometric Information
Some members of the California legislature want their state to remain the leader for data privacy and cybersecurity regulation in the U.S. This includes protections for biometric information, similar to those under the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). State Senator Bob Wieckowski introduced SB 1189 on February 17,…
Jump in Facial and Voice Recognition Raises Privacy, Cybersecurity, Civil Liberty Concerns
Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant data privacy and cybersecurity risks.
Whether it is facial recognition technology being used with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time…
Fraud, Data Breaches Continuing to Crush Federal and State Unemployment Benefit Departments, Pennsylvania’s Next?
Few want to get past the COVID-19 pandemic more than leaders of federal and state unemployment benefit departments. For the last 2 years they have been successfully targeted for fraud and data breaches, racking up billions in losses. Thousands of employees across the country, including yours truly, have had false claims submitted in their name.…
The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention
Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for good reason. But there is a basic principle of data protection that when applied across an organization can significantly reduce the impact of a data…