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
Top 10 Blog Posts for the Workplace Privacy, Data Management & Security Report for 2022
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular posts of 2022:
1. California Consumer Privacy Act FAQs: Employment Information
As the California Privacy Rights Act moves toward taking effect and exceptions applying to employment-related data
Congress Releases Draft Federal Privacy Law with Potential Traction To Pass
The federal government has been trying to reach a consensus on data privacy and thus far has failed to pass legislation. On June 3, 2022, a bipartisan draft bill, titled the American Data Privacy and Protection Act was released by the Committee on Energy and Commerce. The bill intends to provide comprehensive data privacy
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
Top 10 for 2022 – Happy Data Privacy Day!
In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022.
- State Consumer Privacy Law Developments
On January 1, 2020, the CCPA ushered into the U.S. a range of new rights for
From Time Keeping to Dashcams, BIPA Litigation Continues
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week.
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago
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
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