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Federal Court Shreds Illinois’ Biometric Statute Before Remanding Case Back To State Court

Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the… Continue Reading →

The Adoption Of SOPPA May Provide A Tough Lesson For Schools That Fail To Comply

Recently, the Chicago Tribune reported on a data breach involving student data stored by Pearson Clinical Assessment that may have involved a number of students at Illinois schools. On September 5, 2019, the parent of a student at Indian Prairie… Continue Reading →

Home On The Range: Recent Decision Addresses Range Of Data Breach Cases

The recent decision in Kimbriel v. Abb, Inc.,19-CV-215 (October 1, 2019), provides insight into how far privacy law has developed in a short time. A couple of years ago there was little guidance as to what a plaintiff needed to… Continue Reading →

A Rock And A Hard Place: Recent Decision Addresses Competing Regulations For The Same Private Information

For a number of years, it has been clear that data collectors face a patchwork of privacy regulations that may give rise to contradictory obligations. A recent case involving the disclosure of private information of student loan borrowers provides one of… Continue Reading →

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 →

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 →

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 →

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