Seyfarth Synopsis: In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that person-to-website interactions fall outside the Act’s scope, which focuses on person-to-person communications. However, the court emphasized that other privacy laws could
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Careful Data Governance Is a Must Amid Enforcement Focus
By Jason Priebe & Danny Riley
Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices.
Recent developments, including federal and state regulators’ heightened focus on privacy enforcement, highlight the importance of proactive risk management, compliance and data governance. As IoT and smart devices…
BIPA Damages Reform Bill Signed in Illinois
On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability for collecting or sharing biometric data without consent.
The BIPA amendment followed a call for action directed at the legislature from the Illinois courts.…
Upcoming Client Webinar: Charting the Course: AI’s Influence on Legal Practice and IP Protection
By Danny Riley
On Wednesday, March 20, Seyfarth attorneys Rebecca Woods, Owen Wolfe, Lauren Leipold, and Puya Partow-Navid will present and Ken Wilton will moderate, the first session of the 2024 Commercial Litigation Outlook webinar series: Charting the Course: AI’s Influence on Legal Practice and IP Protection.
Time of the event:1:00 p.m. to 2:00 p.m.…
Texas Joins the Privacy Party
2023 has brought several states into the privacy limelight. As of Sunday, June 18, and with the signature of Texas governor Greg Abbott, the Texas Data Privacy and Security Act (“TDPSA”) was enacted, making the Lone Star state the tenth in the U.S. to pass a comprehensive data privacy and security law. The Act provides…
Federal Judges Revise Court Rules to Require Certification Regarding the Use of A.I.
Seyfarth Synopsis: Federal judges are requiring attorneys to attest as to whether they have used generative artificial intelligence (AI) in court filings, and if so, how and in what manner it was used. These court orders come just days after two New York attorneys filed a motion in which ChatGPT provided citations to non-existent caselaw…
Two New State Privacy Laws – But What is Really New?
Tennessee and Montana are now set to be the next two states with “omnibus” privacy legislation. “Omnibus” privacy legislation regulates personal information as a broad category, as opposed to data collected by a particular regulated business or collected for a specific purpose, like health information, financial or payment card information. As far as omnibus laws…
California Privacy Rights Act (CPRA): Big Changes For Employers With Employees in California In 2023
Introduction
Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023.
By way of background, in November of 2021, California residents voted to pass the CPRA, which affords California consumers heightened rights and control over their personal information. …
California Privacy Protection Agency Releases Draft of Proposed Regulations to the CPRA
At the end of May, 2022, the California Privacy Protection Agency (“Agency”) released a preliminary draft of proposed regulations for the California Privacy Rights Act (“CPRA”). The 66-page draft proposal only covers a few topics the Agency is seeking to cover. The issues covered in this draft of the regulations include data collection and processing…
SEC Proposes Mandatory Cybersecurity Disclosures by Public Companies
Introduction
On March 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed mandates for cybersecurity disclosures by public companies. If adopted, these mandates seek to provide investors a deeper look into public companies’ cybersecurity risk, governance, and incident reporting practices. SEC chair Gary Gensler noted in a statement regarding the proposed mandates that cybersecurity…