Focusing on legal trends in data security, cloud computing, data privacy, and anything E
The following post was prepared by guest contributor, my friend, my brother-in-arms, and newly-minted Partner in Shook’s Privacy and Data Security Practice, Colman McCarthy
For what seemed like an eternity (okay, just a couple years), the California Consumer Privacy Act was the only game in town when it came to state-level, comprehensive privacy legislation. Sure,…
The Florida Legislature is considering a comprehensive privacy law (HB 969) that would fundamentally change the landscape of how/whether companies do business in Florida. The bill is largely a “cut-and-paste” of the California Consumer Privacy Act (CCPA), but in some ways, it goes further than the CCPA and would make Florida’s law the…
Yesterday, the Governor of Florida threw his support behind a newly introduced consumer data privacy bill (HB 969) which is very similar to the California Consumer Privacy Act of 2018. The Governor’s support is a significant development given that he and both chambers of the Florida Legislature are Republican and, to date,…
Yesterday, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals has weighed in on two important questions in the world of privacy and data breach litigation. First, does a plaintiff have standing where he was exposed to a substantial risk of future identity theft, even though there was no misuse of his…
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as far as the CCPA). The proposed amendments would: (1) prohibit the use of personal data…
An identical version of the Illinois Biometric Information Privacy Act (BIPA) has been introduced in the Florida Senate. The bill includes the same private right of action. The Illinois BIPA has become an enormous revenue earner for the plaintiff’s bar, who have filed gotcha lawsuits against companies seeking millions of dollars on the ground that…
The Illinois Supreme Court’s decision last week in Rosenbach v. Six Flags may have closed the first of what will be several chapters in class action litigation arising from the Illinois Biometric Information Privacy Act (BIPA). The court addressed the very narrow issue of what it means for a person to be “aggrieved” under BIPA. …
On Friday afternoon an Illinois intermediate appellate court decided that the bar for a plaintiff bringing a class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA) is low, creating a conflict with its sister intermediate appellate court. The Illinois Supreme Court is expected to resolve the conflict early next year. How the court…
In three months, the EU’s General Data Protection Regulation (GDPR), one of the strictest privacy laws in the world, will go into effect. It will apply to companies that collect or process personal data of EU residents, regardless of whether the company is physically located in the EU. Companies that violate the law will be…
Does your company collect biometric information? Are you not entirely sure what “biometric information” means? Would you like to understand the differences between the different state biometric privacy laws? Do you want to know why more than 50 companies were hit with class action lawsuits within a period of three months as a result of…