April was another busy month for legislative activity on the California Consumer Privacy Act (CCPA), following a very busy February [see our prior post here]. A proposed sweeping revision to the CCPA, AB 1760, was withdrawn, while three key amendments, AB 25, AB 873, and AB 874, are up for a floor vote. Meanwhile, SB 561, which greatly expands the private right of action under the CCPA, is now in the Senate Appropriations…

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Utah Sets Limits on Law Enforcement’s Ability to Gather Individuals’ Electronically Transmitted Data

By Sean C. Griffin on May 3, 2019

Utah enacted a sweeping data privacy law that affects how employers and corporations respond to police demands for data. With this new law, Utah becomes the first state to protect electronic information individuals disclose to third parties. Utah’s law requires a search warrant for a law enforcement agency conducting a criminal investigation or prosecution to obtain (i) location information, stored data, or transmitted data of an electronic device or (ii) electronic information or data transmitted…

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Arbitration Clauses & BIPA: The Broader the Better

By Heather L. Kramer on April 15, 2019

After the Illinois Supreme Court’s decision in January holding that a plaintiff need not show actual harm to be an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), parties litigating under BIPA have been testing other defenses. One of those defenses is whether BIPA matters can be compelled to arbitration pursuant to an arbitration provision set forth in the parties’ agreement. On Tuesday, April 9, the First District Appellate Court of Illinois issued…

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February 27, 2019 CCPA Webinar Q&As: Third-Parties & Due Diligence

By Ashley S.A. Jackson, Ashley R. Fickel & Lukas Sosnicki on April 12, 2019

This blog post is the second in a series of Q&A posts following Dykema’s February 27, 2019 webinar on the California Consumer Privacy Act (“CCPA”). We received questions both before and during the webinar, and over the coming weeks we will be posting our responses. We will answer the most commonly-asked questions first, so please stay tuned if you don’t see your question in our first few posts. And, of course, please feel free to…

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Is the Illinois Legislature Rethinking BIPA?

By Rosa M. Tumialán on March 26, 2019

Data privacy litigation is not a new frontier. The Illinois Biometric Information Privacy Act (“BIPA”) has provided a private right of action for the improper collection of biometric information from Illinois citizens without consent since 2008. Even so, employers and businesses alike were caught off-guard when plaintiffs began filing class actions complaints alleging BIPA violations in 2015. Defendants scored early victories in these cases, as evidenced in the Second District Appellate Court opinion finding that…

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February 27, 2019 CCPA Webinar Q&As: Out-of-State, B2B, and GLBA-Covered Businesses

By Ashley R. Fickel, Lukas Sosnicki & Ashley S.A. Jackson on March 19, 2019

This blog post is the first in a series of Q&A posts following Dykema’s February 27, 2019 webinar on the California Consumer Privacy Act (“CCPA”). We received questions both before and during the webinar, and over the coming weeks we will be posting our responses. We will answer the most commonly-asked questions first, so please stay tuned if you don’t see your question in the first one or two posts. And, of course, please feel…

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All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed

By Rosa M. Tumialán, Lewis K. Loss & Thomas J. Judge on March 7, 2019

The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues. Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in doing so opened the floodgates for this litigation to proliferate. The immediate result was a sharp increase in the filing of BIPA class actions as well as the lifting of stays of the numerous cases…

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Biometrics and Search Warrants: The Intersection of Your iPhone and the Fourth and Fifth Amendments

By Jonathan S. Feld, Ferdose al-Taie & Jane A. Gerber on March 6, 2019

On January 19, 2019, federal Magistrate Judge Kandis Westmore of the Northern District of California denied the Government’s application for a search warrant that sought: “all digital devices” present at a California residence; (Order at 3), and “any individual present at the time of the search to press a finger (including thumb) or utilize other biometric features…for the purposes of unlocking the digital devices found in order to permit a search of the contents,” (Order…

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CCPA Watch – February Marked by Heavy Legislative Activity, Proposal to Expand Private Right of Action under the CCPA

By Ashley R. Fickel & Lukas Sosnicki on March 4, 2019

February was a busy month for those monitoring the latest developments with the California Consumer Privacy Act (CCPA). After the month kicked off with a series of California Attorney General Informational Sessions, the California State Assembly’s Privacy and Consumer Protection Committee conducted a hearing with testimony from interested parties, including Alastair Mactaggart (the architect of the initiative that led to the enactment of the CCPA), representatives from the California Attorney General’s Office, public interest…

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Different Viewpoints Represented at the Latest California Attorney General’s Office Public Forum on the California Consumer Privacy Act

By Lukas Sosnicki & Ashley R. Fickel on January 28, 2019

On Friday, January 25, 2019, California Attorney General Xavier Becerra’s Office held the fourth of its six public forums in connection with its rulemaking process for the California Consumer Privacy Act (“CCPA”). The purpose of the open forum, which was held in Los Angeles at the Ronald Reagan State Building, was to provide an initial opportunity for the public to participate in the CCPA rulemaking process. The formal rulemaking process is scheduled to begin later…

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Emerging Issues in Privacy and Cybersecurity Law

Blog Authors

CCPA Watch: Proposed Sweeping Overhaul Withdrawn, Three Amendments Providing Key Clarifications Remain Pending

Utah Sets Limits on Law Enforcement’s Ability to Gather Individuals’ Electronically Transmitted Data

Arbitration Clauses & BIPA: The Broader the Better

February 27, 2019 CCPA Webinar Q&As: Third-Parties & Due Diligence

Is the Illinois Legislature Rethinking BIPA?

February 27, 2019 CCPA Webinar Q&As: Out-of-State, B2B, and GLBA-Covered Businesses

All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed

Biometrics and Search Warrants: The Intersection of Your iPhone and the Fourth and Fifth Amendments

CCPA Watch – February Marked by Heavy Legislative Activity, Proposal to Expand Private Right of Action under the CCPA

Different Viewpoints Represented at the Latest California Attorney General’s Office Public Forum on the California Consumer Privacy Act

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