Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns arising from recent legal interpretations of the Illinois Biometric Information Privacy Act (“BIPA,” 740 ILCS 14/ et seq.), particularly following […] https://lnkd.in/dc6zqEHE www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money
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Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns arising from recent legal interpretations of the Illinois Biometric Information Privacy Act (“BIPA,” 740 ILCS 14/ et seq.), particularly following […] https://lnkd.in/dc6zqEHE www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money
Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery
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On April 11, 2024, the Illinois Senate passed Senate Bill (SB) 2979, which would stop statutory damages under the Privacy Act from accruing for each unlawful collection or dissemination of an individual’s biometric information. Quick Hits The Illinois legislature is considering a bill that would amend the Privacy Act to prohibit statutory damages per violation […] https://lnkd.in/dzHk-HBq www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money
Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations
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On April 11, 2024, the Illinois Senate passed Senate Bill (SB) 2979, which would stop statutory damages under the Privacy Act from accruing for each unlawful collection or dissemination of an individual’s biometric information. Quick Hits The Illinois legislature is considering a bill that would amend the Privacy Act to prohibit statutory damages per violation […] https://lnkd.in/dzHk-HBq www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money
Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations
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Transformative Legal Leader | Expert in Privacy & Data Governance, AI & Technology Law | Former VP Public Policy at Meta | Driving Innovation & Compliance in Complex Regulatory Environments
Now, this is more like it! Common sense regulation is essential to create better privacy practices without stifling innovation. This amended Illinois BIPA addresses non-compliance while preserving choice for consumers. Well done Illinois Legislature and Governor Pritzker. #Regulation #Innovation #BetterPractices
Illinois governor approves business-friendly overhaul of biometric privacy law
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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
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A major amendment to the Illinois Biometric Information Privacy Act severely limits damages by doing away with "per scan" damages. "Under the Amendment, the “aggrieved person” can only recover for one violation even if the unlawful collection or disclosure occurs more than once." Read more about this important amendment in this short blog post from my colleague at OlenderFeldman LLP #dataprivacy #corporatecounsel #entrepreneurs #businesslaw https://lnkd.in/e4e7FKu2
MAJOR BIPA AMENDMENT SEVERELY LIMITS DAMAGES
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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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Last week, S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA), was signed into law by the governor. The amendment is intended to rationalize how a violation of the law is calculated. My Covington & Burling LLP data privacy colleagues Lindsey Tonsager, Elizabeth Canter, and Priya Sundaresan Leeds provide the details in this post. #bipa #dataprivacy #biometrics
Illinois Enacts BIPA Amendment Limiting Violation Accrual | Inside Privacy
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Computerworld Columnist, writer for CSO Online, CIO.com, podcaster, blogger. Focuses on cybersecurity and analytics issues for IT and Security enterprise executives.
There is a big problem with the way the bill is structured. It creates a special class of individuals who are given fewer abilities than everyone else. The bizarre part is the disadvantaged group here is law-enforcement, which is typically a group that has advantages over almost everyone else. Aa journalist, this will be very strange. It is not unusual for a journalist to ask a police source to run a license plate. Imagine if this bill becomes law, you would have police detectives asking a journalist if they can access certain information from the information brokers. It would be a strange situation indeed.
House passes bill to limit personal data purchases by law enforcement, intelligence agencies This bill - the 4th Amendment is not for Sale Act - has been introduced a number of years in a row, but seems to have more feet this year, having made it past the House. The Senate is obviously up next (Sen Wyden is a main proponent of the bill). In essence, this Bill prohibits the govt - law enforcement (LEO) or Intelligence agencies - from purchasing data from data brokers that they would otherwise need to get a 4th Amendment search warrant for, if they wanted to get the data straight from the source, as opposed to buying it second-hand from data brokers. In essence, this Act prohibits an end run around the 4th Amendment. On the other hand, there are some legit concerns about this bill, because some would argue that this same data can be purchased by foreign adversaries, other governments, criminals, and even the private sector, without any restrictions, and thus the only people at a disadvantage would be our LEO and Intel agencies. Personally, as former law enforcement and former Intel agency officer, I am conflicted here, because while I do very much like prohibiting the govt from circumventing the 4th Amendment requirements (rightly put in place by our founders), I do worry about the same data being accessible to adversaries and nation states who don’t play by our rules and can acquire and use that very same data much more easily, putting our people (and potentially nation) at a disadvantage. #fourthamendment #searchwarrant #lawenforcement #intelligence #privacy #ECPA #SCA #CFAA #wiretap #surveillance #databroker https://lnkd.in/enwbeH5j
House passes bill to limit personal data purchases by law enforcement, intelligence agencies
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Privacy reform is coming! The long awaited privacy reform legislation will be introduced into Federal Parliament today (although it will be missing many of the changes the Federal Government agreed in principle to - other than the statutory tort). Watch out for KWM’s alert setting out the takeaways from the legislation but - in the meantime - see below for an advance glimpse on what the statutory tort for serious of invasions of privacy might look like from an earlier alert prepared by KWM. #kwm
Tomorrow, the Federal Government will introduce it's privacy reform legislation to Parliament. Reading A-G Mark Dreyfus' media release tonight (just out of embargo) there will be a statutory tort for serious invasions of privacy, but no direct right of enforcement (for now). For an advance glimpse into what this is likely to involve, see the alert that Luke Hawthorne and I penned in July - and we will be perusing the legislation tomorrow to see how on the money we were - watch this space! https://lnkd.in/g2qHFAMc.
Data Wars - Part I: Tortious invasions of privacy - KWM
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