The Ninth Circuit Court of Appeals has written the latest chapter of the ongoing saga of Article III standing for violations of the Illinois Biometric Information Privacy Act (“BIPA”). BIPA requires, among other things, that before collecting a person’s biometric…
Blog Archives
Pennsylvania County Faces Up To $67 Million In Damages For Distribution Of Criminal Record Information
A suburban Philadelphia county is facing a judgment of up to $67 million after a Pennsylvania federal jury found that it violated the Pennsylvania Criminal History Record Information Act. Pennsylvania’s Criminal History Record Information Act (“CHRIA”) governs the dissemination of…
Posted in Privacy
5 Ways in Which Your Company’s Privacy Policy is Insufficient
Well thought-out internal privacy policies and procedures are an essential part of any company’s information management program. These internal policies should not be confused with a company’s external privacy notice, which informs the company’s customers as to how it may…
Tagged with: data security, policies and procedures, privacy, regulations, risk management, security practices
Posted in Policies and Procedures, Privacy
Posted in Policies and Procedures, Privacy
U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness
The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored…
Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds
A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing. The plaintiff, Ahmed Kamal,…
Tagged with: credit cards, facta, PII, privacy, regulations, standing
Posted in Litigation, Privacy, Regulations
Posted in Litigation, Privacy, Regulations
Congress Holds Hearings on Privacy and Data Protection
With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one…
Tagged with: cyber security, data security, hearings, legislation, privacy, regulations
Posted in Data Security, Legislation, Privacy
Posted in Data Security, Legislation, Privacy
FTC Announces Record Settlement for Children’s Privacy Violations
On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the…
Tagged with: FTC, legislation, privacy, regulations
Posted in FTC, Privacy, Regulations, Social Media
Posted in FTC, Privacy, Regulations, Social Media
Is it Time to Rethink Notice and Choice as a Fair Information Privacy Practice?
Since the 1970’s, fair information practices (FIPs) or fair information privacy practices (FIPPs) have formed the framework around which organizations structure their policies on data collection, use, disclosure, and retention. The cornerstone of individual privacy rights under the FIPs is…
Tagged with: cybersecurity, data security, policies and procedures, privacy, security practices
Posted in Privacy, Standards
Posted in Privacy, Standards
Privacy Primer: The Children’s Online Privacy Protection Act (COPPA)
COPPA is a U.S. law enacted by Congress in 1998 to address concerns regarding the online collection and disclosure of children’s personal information. Children (defined by COPPA as individuals under the age of 13) may not appreciate the significance of…
Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act
On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm…
Tagged with: biometrics, class action, legislation, litigation, privacy, regulations
Posted in Legislation, Litigation, Privacy, Regulations
Posted in Legislation, Litigation, Privacy, Regulations
