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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
While many states are still struggling to enact comprehensive cyber/privacy laws and the federal government still lacks a uniform framework, Illinois data collectors have been working under the most advanced privacy statutes and common law in the United States. Specifically,… Continue Reading →
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