Privacy Risk Report

Author

Todd Rowe

Did An Illinois Court Intend To Limit Coverage For BIPA Claims Under CGL Policies To One Year?

“Publication” has always been an important consideration under the Personal Injury prong of commercial general liability policies (“CGL”). Likewise, questions related to “publication” are growing in importance in litigation involving Illinois’ Biometric Information Privacy Act (“BIPA”). For example, Illinois courts… Continue Reading →

Fifth Circuit Rejects Insurance Carrier’s Arguments As “Salami-Slicing Distinctions” In Finding Coverage For Breach Of Contract Claims Related To Data Breach

In a decision last week entitled Landry’s, Inc. v. The Ins. Co. Of The State Of Pennsylvania, No. 19-20430, 2021 WL 3075937 (5th Circ., July 21, 2021), the Fifth Circuit Court of Appeals found coverage under a CGL Policy for… Continue Reading →

The Illinois Legislature and the Illinois Supreme Court Take Steps to Bring Balance to BIPA

There is no question that the Illinois Biometric Information Protection Act of 2008 (“BIPA”) has given rise to a number of unique questions under both privacy law and insurance law. First, many data collectors caught in the crosshairs of BIPA… Continue Reading →

No Harm, No Foul: Delaware Court Dismisses Privacy Case When Plaintiffs Cannot Show Harm

Over the last couple of years, alleged privacy violations of the Illinois Biometric Information Privacy Act (“BIPA”) have flooded Illinois courts. One unique aspect of the BIPA class action cases in Illinois is seen when plaintiffs do not have to… Continue Reading →

Hackers See Opportunity In Attacking Schools As They Teach Through A Pandemic

While this year has been an unpredictable year for all data collectors, it has been especially harsh for public and private schools. In addition to various obligations on all data collectors, schools hold sensitive information belonging to children that require more obligations. … Continue Reading →

We Are Just Beginning To Understand The Privacy Threats Created By Working From Home

While data collectors had no time to prepare for employees to start working from home in early 2020, there is time to prepare for the shift back to the office. Without a doubt, many data collectors are struggling with the cybersecurity… Continue Reading →

Missed Opportunity? Illinois Court Issues Limited Finding That Workers’ Compensation Act Does Not Preempt Claims For Statutory Damages Under BIPA But Does Not Address How Actual Damages Should Be Addressed Under BIPA

On September 18, 2020, the Illinois Court of Appeals, First District, took another shot at reconciling some of the inconsistencies in the application of Illinois’ Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq. (West 2018)) to the workplace…. Continue Reading →

New Lawsuit Alleges BIPA Violations Result From Macy’s Reliance On Clearview AI To Scrape Information

It is difficult to believe the Illinois Biometric Information Protection Act, 740 ILCS 14, (“BIPA”) has been in effect for more than 10 years since October 3, 2008. Many data collectors are surprised BIPA has been in effect for all… Continue Reading →

Courts Continue To Find Third-Party Reports Generated Before And After Privacy Incidents Are Not Protected From Discovery   

Data collectors constantly struggle to balance the need for honest self-critiques of their data protection safeguards with the desire to not generate information that may be used in litigation. Indeed, it is encouraging to see a number of data collectors… Continue Reading →

White Castle’s Motion To Dismiss Denied In BIPA Litigation

The latest decision related to Illinois’ Biometric Information Protection Act (“BIPA”) was issued by the Illinois Court of Appeals on June 16, 2020, in a matter entitled Cothron v. White Castle System, Inc, 2020 WL 3250706 (June 16, 2020). Latrina… Continue Reading →

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