Following the enactment of Illinois' Biometric Information Privacy Act (BIPA) Reform Bill, some questioned its application to then-pending BIPA cases. Now, at least two Illinois courts have found that it applies. https://lnkd.in/gux4bCF3 Those courts have found that the BIPA Reform Bill applies to pending BIPA cases and have consequently transferred or dismissed cases that no longer meet the minimum threshold damages for a particular court. John Ruskusky and Maggie Borse outline both decisions and provide key insights for organizations prioritizing compliance with BIPA’s requirements.
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Privacy Minded. Innovation Impact Strategist. | Transformative. Empathetic. Strategic. Resilient. Bridge-builder.
Homework for us all, to think through gaps. And opportunities to plan and design…. What does American privacy rights act really mean…. And what would it take to make IT real, while understanding the complex challenges of privacy and security at scale and magnitude. 🪧🛜🙌📚
The IAPP - International Association of Privacy Professionals seems to know that the way to my ❤️ is a good chart! While I am not getting my hopes up, here is a handy cheat sheet about the American Privacy Rights Act (#APRA) unveiled this week by the House Committee on Energy and Commerce Chair, Cathy McMorris Rodgers (R-WA), and Senate Committee on Commerce, Science and Transportation Chair, Maria Cantwell (D-WA). The "usual" issues of contention are addressed by the Act as follows: 🔹 Enforcement The Federal Trade Commission is directed to create a new bureau to enforce the law. The Act would create a #Privacy and #Security Victims Relief Fund to facilitate consumer compensation since violations are to be regarded as infringements against rules that prevent unfair or deceptive practices. While the #FTC is required to report to US Congress on APRA's enforcement, the Act effectively terminates the FTC’s rulemaking on commercial surveillance and #datasecurity, a role that the FTC took on to fill the void created by the absence of a comprehensive federal #privacylaw. State attorneys general, the chief consumer protection officer of a state, or an authorized officer of the state also have enforcement power in Federal district court. They can pursue injunctions, civil penalties, damages, restitution, and compensation for consumers. Before taking legal action, however, AGs are required to inform the FTC. 🔹 Private right of action For individuals to enforce various provisions allowing for actual damages, injunctive and declaratory relief, and reasonable #legal and litigation costs. Lawsuits based on significant privacy #harm or involving #minors are exempt from mandatory arbitration. 🔹 Preemption Nonsectoral state privacy laws are preempted, but existing sectoral federal privacy laws are preserved. The full draft of the Act for discussion is available at: https://lnkd.in/e8XjAwTP Great job Cobun Zweifel-Keegan, J.D., CIPP/US, CIPM and Joe Jones! #IAPP
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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
BIPA Amendment Bill Signed into Law | Byte Back
https://www.bytebacklaw.com
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Dun Dun Duuuun...The fines are coming! 😱 If your company does business in any of the U.S. states with in-effect privacy laws and regulations, you need to pay attention to these state-specific nuances and requirements. The fines for not complying can be astronomical. In fact, the first CCPA fine was $1.2 million. 😳 The scariest part of this is not only the possible fines, but the requirements imposed on businesses after the settlement. In most cases, you'll be held to a higher standard and level of scrutiny from the Attorney General. This guide walks you through specific requirements for several U.S. state privacy laws, so you don't get caught unawares and incur business-altering fines: https://bit.ly/43fk4nh #CCPA #compliance #LegalTech
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Clark Hill Law's Peter Berk and Madison Shepley write: On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages available to plaintiffs applies retroactively, even to cases where the alleged violations occurred and the lawsuit was filed before the amendment’s adoption. #bipa #dataprivacy #biometricinformation
End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively
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Taxpayer privacy is a right protected by law. The IRS ensures audits and collections are respectful and minimally intrusive. Learn more about your privacy rights and protections. #TaxPrivacy
Taxpayer Privacy Isn’t Just a Right – It’s the Law
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Recognized Defense Litigator For Workplace Class Action Lawsuits. Author & Civil War History Writer. Amateur Golfer.
Good synopsis of Maryland's new Online Data Privacy Act of 2024, marking the 17th comprehensive data privacy law enacted in the U.S. and the fifth just this year https://lnkd.in/e5iHMa9m
Maryland Signs Data Privacy Act Into Law—And Bucks Several Privacy Trends | Legaltech News
law.com
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Exploring The Corporate Transparency Act's Constitutional Challenges Federalism and States' Rights: Critics argue the CTA infringes on state sovereignty by federalizing the entity formation process, traditionally a state domain. This could lead to regulatory inconsistencies and gaps, especially in combating financial crimes that cross state and national borders. Regulation of Commercial Activity: Opponents contend the CTA extends beyond regulating active commerce, as it imposes requirements upon entity creation, potentially exceeding Congress's interstate commerce authority. This raises concerns about the balance between federal oversight and the protection of non-commercial activities from undue regulation. Privacy and First Amendment Concerns: The CTA's mandates for disclosing personal information may conflict with privacy rights and compel speech, posing challenges to Fourth and First Amendment protections. Critics emphasize the need for a delicate balance between privacy rights and the effective tracking of financial crimes, highlighting the existing legal frameworks that already mandate information disclosure in various contexts. Continue reading: https://lnkd.in/gpAiQ5M3 #CorporateTransparencyAct #FinancialRegulation #LegalChallenge #ConstitutionalLaw #Federalism #PrivacyRights #FirstAmendment #CommercialLaw #AntiMoneyLaundering #CorporateGovernance #LegalNews #Compliance #FinancialCrimes #StateSovereignty #RegulatoryCompliance #CorporateLaw #AMLRegulations #FinancialTransparency #LegalDebate #CorporateEthics #CTA
Exploring The Corporate Transparency Act Constitutional Challenge
fincenguidance.com
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Businesses whose digital presence extends to California need to be aware of a trend of lawsuits being filed by the plaintiffs’ bar involving the California Invasion of Privacy Act (CIPA). How can businesses protect against these exploitive claims? In our latest DE Insight, Michael Burke and Stacy Thomsen share some proactive protections businesses should consider when revising the terms of service and privacy policies on their websites. #cipa #classaction #arbitration #DEinsights #websites https://lnkd.in/eNrGHwNk
Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use
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3 tentative thoughts on what today's U.S. Supreme Court decision in Loper Bright may mean for businesses subject to U.S. federal privacy laws: 1. Agency guidance on privacy law (e.g. HHS guidance, FTC guidance) may become less important when cases are litigated 2. Businesses may decide to argue cases based primarily on statutory language 3. Some will say the decision will lead to increased legal certainty (look to statutes on their own) and some will say less legal certainty (long standing guidance businesses have built compliance around may be disregarded) Held in today's Loper Bright Enterprises v. Raimondo decision: "The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled."
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The U.S. Congress recently unveiled a draft of the American Privacy Rights Act, legislation intended to establish data privacy rights and enforceable protections. The bipartisan draft aims to eliminate the patchwork of state laws and minimize the data companies can collect, retain, and use. It also seeks to create a means by which users can access or remove data about them. We’ll keep an eye on this proposed legislation and provide some updates. In the meantime, if you’d like to discuss what this may mean for your business, please get in touch with us. https://buff.ly/3JSJRc9 #AmericanPrivacyRightsAct #dataprivacy
April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024?
natlawreview.com
