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Cybersecurity Bits and Bytes

Cybersecurity Bits and Bytes

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New York Assembly introduces the Biometric Privacy Act

Illustration of a computer with a lock and chain around it

New York’s proposed Biometric Privacy Act would require entities that possess biometric information or identifiers to obtain specific consumer consent for collecting, capturing, purchasing or trading such information, and would be privately-actionable as well. READ MORE

Clearview AI class-action may further test CCPA’s private right of action

Luke Sosnicki James Shreve March 11, 2020
A security camera outside on a pole

A class-action lawsuit against facial-recognition company Clearview AI alleges they unlawfully scraped biometric data from other websites and sold the resulting data to other entities. The case tests yet another provision of the CCPA relating to the law’s private right to action. READ MORE

Supreme Court denies cert for BIPA standing case, facilitating $550M settlement

Cybersecurity_default blog

The Supreme Court’s denial of Facebook’s petition for certiorari regarding standing and class certification issues in a suit under Illinois’ BIPA portends some similarly large privacy settlements in the coming years. Given BIPA’s broad scope, companies should familiarize themselves with the statute and consider their risks. READ MORE

BIPA litigation offers no legislative reprieve to employers – yet

finger typing on keyboard

With no imminent legislative action curtailing the rush of BIPA litigation since Rosenbach v. Six Flags, it is critical that employers have the appropriate policies and procedures in place to comply with BIPA. This includes compliance requirements and best practices to avoid statutory penalties. READ MORE

‘Aggrieved Persons’ can bring suit under Biometric Information Privacy Act

James Shreve Elizabeth Casale January 28, 2019
broken-data-security-650x510

The Illinois Supreme Court has decided individuals need not allege injury other than a violation of their rights to bring suit under the Illinois Biometric Information Privacy Act, leaving the door open for future individual suits and class actions. READ MORE