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Yesterday, October 12, 2022, was the first time that a case under the Illinois Biometric Information Privacy Act (BIPA) went to trial – and the result was a big win for the Plaintiffs, more than 44,000 truck drivers whose fingerprints were scanned for identity verification purposes without any informed permission or notice. BIPA is an

Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data Privacy Framework,” and it will (hopefully) serve to replace the prior framework, known as “Privacy Shield”, which was struck down by

California Attorney General Rob Bonta announced yesterday a settlement reached with beauty product retailer, Sephora, Inc. (Sephora), resolving allegations that Sephora violated various provisions of the California Consumer Privacy Act (CCPA).  Specifically, it was alleged that Sephora failed to:

  • Disclose to consumers that it was selling their personal information
  • Process user requests to opt out

In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated.  Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights

On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California.  The press release stated, inter alia:

“Under the CCPA, businesses that offer financial incentives,

On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” According to the article, computer-science researchers at Princeton confirmed findings that “many Google services on Android devices and iPhones store your location data even if you’re using a privacy setting that says it will prevent

It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework.  As a result, companies were forced to reexamine their transfers of personal information out of the EU, and the safeguards that they rely on

France recently fined Alphabet Inc’s Google $169 million and Meta Platform’s Facebook $67 million on grounds that the companies violated the EU e-Privacy directive (aka the EU “Cookie Law”) by requiring too many “clicks” for users to reject cookies.  The result was that many users just accepted the cookies, thus allowing the identifiers to track

On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”).  The law is set to take effect on November 1, 2021 (two months away), and it applies to both (1) in-country processing of personal information of natural persons; and (2) out-of-country processing of personal information of

On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to pay $1.27 billion in restitution and disgorgement, notwithstanding