Privacy Risk Report

The Tressler Privacy Practice group brings you recent developments and insights on cyber liability, privacy and data storage.

More Than Just A Confusing Law? Defendant Argues Illinois’ Biometric Law Is Unconstitutional

There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected… Continue Reading →

Ninth Circuit’s Recent BIPA Decision Must Be Kept In Context With Well-Settled Illinois Law

As the number of lawsuits based on claimed violations of the Illinois Biometric Information Protection Act (“BIPA”) increase, litigants have struggled to find guidance from the courts on this new area of law. The Ninth Circuit’s August 8, 2019 decision… Continue Reading →

No Need To Get Hysterical Over The Compliance Deadline For The California Consumer Privacy Act

The compliance deadline for the California Consumer Privacy Act (“CCPA”) is January 1, 2020. Even though the CCPA is the first privacy law that will directly impact a large number of U.S. businesses, the best strategy for most U.S. businesses… Continue Reading →

Seventh Circuit’s Recent Decision Indicates Courts May Be Willing To Chip Away At BIPA

The law related to Illinois Biometric Information Protection Act (“BIPA”) came to a halt over the last year or so while the Illinois Supreme Court analyzed what constitutes an injury under the Act. As expected, courts have started to once… Continue Reading →

Are “Deepfakes” The Next Privacy Threat Facing Insurers And Insureds?

The current roster of threats–ransomware, phishing schemes and hacking–are well understood at this point. Of course, these threats are constantly evolving as we live in a world where criminals get bored quickly and need to move on. The newest privacy… Continue Reading →

Arbitrate Or Litigate: U.S. Supreme Court Decision Sheds Light On Consequences Of Lamp Seller’s Data Breach

It is a pivotal moment when the United States Supreme Court addresses data breach cases. There was a time when people said that cyber security would be like “Y2K” and any preparations for cyber issues would suffer the same embarrassing fate… Continue Reading →

Industry Cyber Regulations Fill The Gaps Left By Federal And State Law

While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal… Continue Reading →

Recent Case Highlights Potential For Fallout With Vendors That Assist In Responding To Cyber Incident

Protecting against cyber attacks requires coordination between data collectors and their vendors who assist in protecting that data.  Typically, vendors include public relations professionals, forensic experts and security experts to assist after the breach.  It is important to keep in mind… Continue Reading →

Illinois’ Biometric Information Protection Act Gets More Tangled With Employment Law

Biometric data is playing a larger role in employment law as more employers begin using equipment to scan employees’ fingerprints to clock in for work. Each week more employers are defending themselves against claims by the employees such as the… Continue Reading →

Premera Breach Shows What Happens When Litigants Cross Each Other by Trying to Shield Documents from Discovery in Breach Litigation

Data breach litigation inherently involves a significant amount of information, so it is no surprise to see discovery issues in breach cases. The typical data breach lawsuit may include discovery requests for pre-breach information (response plans, audits), response information (notification… Continue Reading →

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