Colorado has amended its privacy statute, the “Colorado Privacy Act,” to explicitly protect “neural data.” The new amendment, signed into law by Governor Jared Polis on April 17, 2024, adds both “neural data” and “biological data” as defined terms under its umbrella of “Sensitive Data” to be protected in accordance with the
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Is Your Business in Compliance with Washington’s New Data Privacy Statute?
Washington’s new data privacy statute, “My Health, My Data Act” (“MHMD” or the “Act”), officially became fully effective on March 31, 2024, for regulated entities under the Act, while small businesses have until June 30, 2024, to comply. The purpose of MHMD is to protect consumers’ personal health data not otherwise
Amendments to the Illinois Biometric Information Privacy Act Would Dramatically Affect Accrual of Damages
Lawmakers introduced a bill to revise the Illinois Biometric Privacy Act (“BIPA”) that would, in part, change the manner in which violations of BIPA accrue.
The Illinois State Supreme Court ruled in Cothron v. White Castle Sys., Inc. “that a claim accrues under the Act with every scan or transmission of biometric identifiers
$228M Damages Award Vacated in First BIPA Trial
The U.S. District Court of the Northern District of Illinois vacated a $228 million damages award in Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act (“BIPA”). In Rogers v. BNSF Railway Co., rail workers alleged that BNSF Railway Co. (“BNSF”) collected their
Montana Passes Law Regulating Facial Recognition Use by Police
Montana recently passed the Facial Recognition for Government Use Act (“FRGUA”), which permits state and local agencies, including law enforcement, to use facial recognition to look for suspects, victims of, or witnesses to serious crimes. However, FRGUA prohibits the use of “continuous” facial recognition and establishes human review and audit procedures
FTC Adopts Biometric Policy Statement
The Federal Trade Commission (“FTC”) issued a policy statement (“Statement”) raising significant concerns about consumer privacy, data security, and the potential for bias and discrimination associated with the increasing use of biometric information and related technologies. The Statement warns that false, misleading, or unsubstantiated statements made about the accuracy of biometric
NYC Introduces Bills to Limit Facial Recognition in Private Sector
New York City Council (“Council”) members are expected to formally introduce two Local Laws on April 27, 2023, during the next Council meeting, seeking to regulate private-sector use of facial recognition (or similar surveillance technology) for identification or verification purposes.
The first bill would amend New York City’s administrative code to
Illinois Supreme Court: Federal Labor Law Preempts Union Employees’ BIPA Claims
The Illinois Supreme Court in Walton v. Roosevelt University, 2023 IL 128338 (Mar. 23, 2023), unanimously affirmed dismissal of the putative class action arising under the Illinois Biometric Privacy Information Act, 740 ILCS 14/1 (“BIPA”), concluding that federal labor law preempted BIPA claims brought by unionized employees covered by a
Illinois Supreme Court Dramatically Expands Liability by Ruling Each Scan of a Biometric Identifier Is a Separate Violation
In a 4-3 split, the Illinois Supreme Court ruled earlier this month that claims under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans a person’s biometric identifier and/or submits such scan to a third party—rather than only upon first collection.
Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Biometric Information Privacy Act Claims
In a highly anticipated decision, the Illinois Supreme Court in Tims v. Blackhorse Carriers, Inc., 2023 IL 127801 (Feb. 2, 2023), recently resolved longstanding uncertainty about the statute of limitations under the Illinois Biometric Information Privacy Act (“BIPA”). The Court held all claims arising under BIPA are governed by the five-year