Linda Woodward’s Post

On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law. The bill amends the Illinois Biometric Information Privacy Act (BIPA) by limiting the number of claims that can be brought under the law’s private right of action and updating the law’s definition of “written release” to include “electronic signature.” In this Byte Back blog, David Stauss provides a summary of these two changes. Read more: https://lnkd.in/gKcxkgKw #BiometricPrivacy #PrivacyLaw

Privacy is an important right, especially for workers. NYS’s worker’s digital privacy law is now in effect to ensure the information workers choose to keep private, stays private. Learn more about this new law: https://lnkd.in/eMn_KANz

Since its adoption in September 2021, #Law25 has sparked significant discussion, with much of the focus on personal information protection. However, as the law came into force earlier this year, some important updates on access to documents held by public bodies may have flown under the radar. 📝 💭 Before the conversation moves on, let’s take a closer look at these new provisions ➡️ https://gowlg.co/3AhfESU Antoine Guilmain, Marc-Antoine Bigras, Philippe Dalmau | #DataProtection #PrivacyLaw

Fifteen state attorneys general are making a stand, urging Congress to respect and not override existing state privacy laws with new federal legislation. The American Privacy Rights Act (APRA) threatens to preempt laws in 17 states that already have strong consumer privacy protections, including California's landmark legislation. These attorneys general argue that states are better positioned to nimbly adapt to the fast-paced changes in technology. Furthermore, the APRA's strict measures would even impede state investigations into privacy violations, significantly curtails their tools for consumer protection. California Attorney General Rob Bonta underscores the importance of preserving state rights to address privacy concerns swiftly in a tech-driven world. This push back isn't just a legal scuffle—it's emblematic of the ongoing debate over the balance of power in data privacy regulation. Navigating this landscape is crucial to safeguarding consumer rights without stifling innovation. What are your thoughts? Should federal regulation take precedence, or should states continue to lead in this space? Let's discuss! #PrivacyLaw #DataPrivacy #ConsumerProtection #TechPolicy #StateVsFederal #APRA #InnovationAndRegulation

Top read news and analysis by the Lexology PRO specialist data protection, tech and AI reporters last week (7 - 11 October): European Court of Justice approves B2B GDPR private enforcement, Douglas Clarke-Williams reports: The ECJ has ruled that #GDPR infringements can be pursued as unfair commercial practices. https://lnkd.in/eGD7Ew7d Hengeler Mueller partners Mathäus Mogendorf, Wolfgang Spoerr and Amit Datta (now at Aleph Alpha) defend Lindenapotheke. The claimant pharmacy is represented by Markus Bahmann at Conlegis Rechtsanwaltsgesellschaft. Upper Tribunal DSG judgment could affect data breach enforcement, by me: The Upper Tribunal has overturned a key issue in a UK Information Commissioner's Office decision, in a ruling that could change the ICO's approach to hacking cases. https://lnkd.in/eQacTQYt Pinsent Masons partners David McIlwaine and Stuart Davey act for DSG Retail, instructing 11KBW's Timothy Pitt-Payne KC and Rupert Paines. Peter Lockley, also of 11KBW, represents the ICO. European Data Protection Board processor opinion raises industry hackles, by Douglas Clarke-Williams: Industry voices say EDPB guidance on entities acting downstream from data controllers is too burdensome. https://lnkd.in/eJF7s4Xu Input from Thomas Boué and Latham & Watkins partner Fiona Maclean. Access the specialist reporting team's content at the Lexology PRO data hub: https://lnkd.in/ewkQ8vMM

A federal district court in Texas has issued a landmark decision postponing the enforcement of the Corporate Transparency Act (the “CTA”). The Court held that the CTA exceeds Congress’ power and is therefore likely unconstitutional. As a result, reporting companies are no longer required to comply with the CTA’s January 1, 2025, reporting deadline. As a reminder, the CTA imposed reporting requirements on many small businesses, requiring the “beneficial owners” of reporting companies to submit sensitive information to the federal government. In its ruling, the court highlighted that this reporting constituted an overreach into state-regulated corporate formations and raised concerns about potential violations of privacy and constitutional protections.

How do you quantify the economic impact of Privacy Act reforms? Or perhaps more importantly ... what are the costs of NOT reforming the law? My latest blog 👇🏽 https://lnkd.in/gyCFbD3Q

One of the questions yesterday in the House Standing Committee on Employment, Education and Training as part of its Inquiry into the Digital Transformation of Workplaces (public record in Hansard) was whether there was research on the cost to small and medium enterprises to effectively govern AI, to which my response was a) we cannot afford the cost of *not* effectively governing AI, and also b) we need to do this to be able to keep up with and be interoperable with the rest of the world, in addition to seizing opportunities and managing risks. Australia needs a broader vision of where we are in the world, what we want to be good at, and what our future should look like, and that means considering when and where AI features. *If anyone is aware of cost of AI governance vs non-governance or any other economics related research, would love to know if any exists?

“It’s not just privacy advocates who should be disappointed by this. As businesses try to ready themselves for what have been highly publicised reforms, this lack of clarity creates more of a compliance nightmare than any removal of the small business exemption (with the right concessions) would do.” Clear and strong regulation offers the certainty of guardrails, within which businesses can adopt, innovate and grow. #privacy #security #AI #digitalgovernment #digital #regulation #GDPR #infonomics