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
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
CCPA Data Breach Class Action Litigation Begins
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among
Privacy & Cybersecurity Issues to Watch in 2020
2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is beginning
Illinois Leads the Way on AI Regulation in the Workplace
Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in
Illinois Enhances Its Data Breach Notification Requirements
In response to trends, heightened public awareness, and a string of large-scale data breaches, states continue to enhance their data breach notification laws. Illinois Governor J.B. Pritzker recently signed into law an amendment to the Personal Information Protection Act (PIPA), SB 1624, effective January 1, 2020. PIPA will now require that most “data collectors,”
Illinois’ Attorney General Wants to Know About Data Breaches
Possibly adding to the list of states that have updated their privacy and breach notification laws this year, the Illinois legislature passed Senate Bill 1624 which would update the state’s current breach notification law to require most “data collectors,” which includes entities that, for any purpose, handle, collect, disseminate, or otherwise deal with nonpublic personal
Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law
Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and
New Mexico Enacts Data Breach Notification Act
On April 6, 2017, New Mexico Governor Susana Martinez signed HB 15, making New Mexico the 48th state to enact a data breach notification law. The law has an effective date of June 16, 2017 and follows the same general structure of many of the breach notification laws in other states.
Importantly, the definition of
Illinois Enacts Amendments to the Personal Information Protection Act
Last month, Illinois Governor Bruce Rauner signed into law a number of amendments to the State’s Personal Information Protection Act (“PIPA”) that expand the definition of protected personal information and increase certain data breach notification requirements. The amendments, highlighted below, take effect January 1, 2017.
Currently, “personal information” is limited to an individual’s first name