The Global Privacy Watch

Latest from The Global Privacy Watch

Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation

By Karla Grossenbacher, Thomas E. Ahlering & Andrew R. Cockroft

February 24, 2021

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Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Businesses in these cities should carefully review these new ordinances as well…

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Maryland Joins Growing Number Of States Introducing Biometric Information Privacy Bills With Potential To Spur Class Action Litigation

By Gerald Maatman, Jr. & Thomas E. Ahlering

February 23, 2021

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Cross-posted from Seyfarth’s Workplace Class Action Blog. Seyfarth Synopsis: Following in the footsteps of New York, Maryland recently introduced a standalone biometric information privacy bill, House Bill 218, that mirrors Illinois’ highly litigious Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”) in many respects. Most notably, as presently drafted, Maryland’s proposed bill, like Illinois’ BIPA, provides for a private right of action, statutory penalties, and plaintiffs’ attorneys’ fees – which has…

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Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA

By Gerald Maatman, Jr., Thomas E. Ahlering & Paul Yovanic Jr.

January 9, 2021

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Cross-posted from Seyfarth’s Workplace Class Action Blog. Seyfarth Synopsis: The New York state legislature recently introduced a standalone biometric information privacy bill, AB 27, that mirrors Illinois’ Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”), which has spawned thousands of class actions in the Land of Lincoln. If enacted, The New York bill would become only the second biometric privacy act in the United States to provide a private right of…

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California Prop 24 – Is the New Privacy Law Really New (Or Is the Sky Falling)

By John Tomaszewski, Jason Priebe & Emily Dorner

November 5, 2020

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California has once again decided it needed to pass privacy legislation to protect the residents of the great state from the nefarious actions of Big Tech. However, this time they did it with a ballot initiative and not via the thoughtful (mostly) mechanism of the legislative process. The proponents of the California Privacy Rights Act of 2020 (“CPRA”) touted this as an improvement over the CCPA – but is it really? To listen to the…

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CJEU Invalidates EU-US Privacy Shield Framework

By John Tomaszewski & Jason Priebe

July 16, 2020

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Today, the Court of Justice of the EU has handed down its judgment in the highly-anticipated Facebook Ireland case (aka Schrems II) and invalidated the Privacy Shield Decision. For those of you who have followed this case, the CJEU took a “left turn at Albuquerque” in its decision since the primary contention of Mr. Schrems was that the Commission Decision around Standard Contractual Clauses (“SCCs”) was invalid. While the Court did opine on the…

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Post-Pandemic Litigation Webinar Series

By Scott A. Carlson, Suzanna Bonham, Giovanna A. Ferrari, William Hanlon, J. Scott Humphrey, James McGrath, Kristine Argentine, Jesse M. Coleman, Tonya M. Esposito, Richard Lutkus, EnCE, EnCEP, CEH, Kate Schumacher & Rebecca Woods

July 6, 2020

From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time. To help navigate the litigation landscape, we are kicking off a webinar series that will take a look at what’s happening now and what to expect in terms of litigation practice and…

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The CCPA Regulations Are Finally Here

By John Tomaszewski, Jason Priebe & Emily Dorner

June 3, 2020

Monday, California Attorney General Xavier Becerra submitted of the Final Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). Under the California Administrative Procedure Act (APA), the OAL has 30 business days plus 60 calendar days (due to a COVID-related executive order) to determine whether the regulations meet the requirements of the APA. This final submission comes after various public forums, hearings, commentary, and revisions to the regulations.…

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US Senators Propose COVID-19 Consumer Data Protection Act

By Emily Dorner

May 4, 2020

At the beginning of 2020, a Federal privacy law, similar to that of GDPR or PIPEDA, was a faint and distant reality. However, in light of some mobile device and other monitoring being considered because of the COVID-19 pandemic, US Senators Roger Wicker (R-Miss.), chairman of the Senate Committee on Commerce, Science, and Transportation; John Thune (R-S.D.), chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet; Jerry Moran (R-Kan.), chairman of the Subcommittee…

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Europe’s Privacy Law is Coming – Just Not Via California

By John Tomaszewski & Jason Priebe

April 17, 2020

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While a lot of ink has been spilled on the California Consumer Privacy Act (“CCPA”) over the last 18 months, one of the things which has become quite apparent to those of us who view privacy through a lens which considers both EU and US perspectives is that the CCPA is actually not an EU-style law. Except for the right to delete data, all the consumer rights in the CCPA actually existed (albeit in a…

The Global Privacy Watch

What We Can Expect from the CCPA Regulations

By John Tomaszewski & Emily Dorner

April 17, 2020

While the United States largely hit the brakes as of March in the wake of the COVID-19 crisis, California Attorney General Xavier Becerra made clear his intentions to begin enforcement of the Act on July 1, 2020, as originally planned. This announcement came despite many organizations’ pleas to defer enforcement in order to relieve the additional stress imposed on organizations as they respond to the COVID-19 crisis, and continue to work towards ensuring their compliance…

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Blog Authors

Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation

Maryland Joins Growing Number Of States Introducing Biometric Information Privacy Bills With Potential To Spur Class Action Litigation

Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA

California Prop 24 – Is the New Privacy Law Really New (Or Is the Sky Falling)

CJEU Invalidates EU-US Privacy Shield Framework

Post-Pandemic Litigation Webinar Series

The CCPA Regulations Are Finally Here

US Senators Propose COVID-19 Consumer Data Protection Act

Europe’s Privacy Law is Coming – Just Not Via California

What We Can Expect from the CCPA Regulations

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