What does it take for a data breach plaintiff to have standing to sue in Illinois? More than a mere increased risk of harm, said the Illinois Supreme Court in a case where Taft represented the defendant, a large multi-specialty group medical practice.
This post highlights the importance of a thorough post-data breach investigation.Continue Reading Taft Wins First Data Breach Class Action to Reach Illinois Supreme Court: Key Takeaways
In late October 2024, Ohio Senate Bill 29 (“SB 29”)[1] took effect. This new law regulates educational records and student data privacy throughout the state, specifically relating to student-issued devices (e.g., laptops, tablets, software). What makes SB 29 unique is that it extends beyond schools and school districts and impacts third-party technology providers that work with these entities. Taft anticipates greater emphasis on compliance with this new law ahead of the 2025-2026 school year. Here is what you need to know about the Ohio student data privacy law.Continue Reading School is in Session: Ohio’s New Student Data Privacy Law Impacts More than Students
On Aug. 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, bringing significant reform to the state’s Biometric Information Privacy Act (BIPA). The much-anticipated BIPA amendment took effect immediately and will provide welcome relief to businesses.
The amendment allows written releases to be executed by electronic signature and drastically limits the damages an “aggrieved person” accrues in BIPA litigation. By ending the per-scan violation, the amendment directly responds to the Illinois Supreme Court’s ruling in Cothron v. White Castle Systems, Inc.Continue Reading New Legislation Promises Stronger Privacy Protections and Clearer Guidelines for Businesses
Believe it or not, we are now more than halfway through 2024. As of July 1st, we now have additional state privacy laws in effect in Florida (narrow applicability), Oregon, and Texas – with more on the way later this year and into 2025. We thought it would be a good time to provide a recap on the current privacy law landscape in the United States today. Continue Reading Comprehensive State Privacy Laws – Halfway Through 2024 and Looking Ahead to 2025
Just past midnight on May 11, 2024, the Vermont legislature passed the Vermont Data Privacy Act (VDPA). VDPA, if signed by Governor Phil Scott, will take effect on July 1, 2025, and will make Vermont the 18th state to establish consumer privacy rights in the same vein as the California Consumer Privacy Act (CCPA). Although many state consumer privacy laws feel cookie cutter at this point, VDPA contains nuances that will require companies to strategize data management intake and processing.Continue Reading While You Were Sleeping, Vermont Passed One of the Most Stringent State Consumer Privacy Laws Yet
Yesterday, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory regarding the California Consumer Privacy Act (CCPA). Enforcement Advisory No. 2024-01(the Advisory) is solely devoted to data minimalization, which the CPPA describes as “a foundational principle in the CCPA.” An enforcement advisory is not an implementing rule, regulation, or law; it is not even an interpretation of the law or legal advice. Instead, CPPA enforcement advisories are intended to be informational bulletins to inform the public about nascent legal privacy issues that CPPA is engaging with at a given time. Continue Reading California Privacy Protection Agency Issues “Minimal” Guidance on CCPA in First Enforcement Advisory
On Wednesday, February 21, 2024, California Attorney General Rob Bonta announced that his office reached a settlement with DoorDash, which addresses allegations that the company facilitated several violations of both the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA).
Following an investigation by the California Department of Justice, the CA AG’s office determined that DoorDash sold the personal information of California customers without requisite notice or an opportunity to opt-out of that sale. The sale took place through marketing cooperatives, which are networks of businesses that share the personal information of their respective customers with one another in order for participating businesses to advertise to those same customers, regardless of any prior relationship. In other words, by participating in marketing cooperatives and disclosing consumer personal information as part of its membership, DoorDash was able to reach new customers; in turn, the other businesses participating in the cooperative also gained the opportunity to market to DoorDash customers.Continue Reading California Delivers to DoorDash $375,000 Civil Penalty: California AG Announces Second CCPA Settlement
Late last week, the California Third District Court of Appeal (the “Court”) overturned a lower court decision delaying the enforcement of amended privacy regulations. On Friday, February 9, 2024, the Court held that the California Privacy Protection Agency (the “Agency”) had the authority to enforce its amended California Privacy Rights Act (CPRA) regulations effective immediately, meaning all businesses regulated by the CPRA are expected to be in full compliance today. Continue Reading California Appeals Court Holds CPRA’s Implementing Rules Are Immediately Enforceable
It is a new year, and the privacy efforts in the United States are not letting up. In 2024 alone, three new privacy laws will take effect (i.e., Montana, Oregon and Texas), and more laws are on the horizon. The latest update to the U.S. privacy landscape took place on January 16 when New Jersey governor Phil Murphy signed Senate Bill 332 (the “Act”) into law – making New Jersey the 13th state to enact a comprehensive privacy law. The Act takes effect January 15, 2025, and mirrors several other U.S. privacy laws, with a few unique distinctions. Here is what you need to know.Continue Reading The Garden State Joins the Privacy Party – New Jersey Becomes the Latest State to Adopt a Comprehensive Data Privacy Law
On September 18, 2023, the U.S. District Court for the Northern District of California granted technology trade association NetChoice, LLC’s request for a Preliminary Injunction in NetChoice LLC v. Bonta, a lawsuit challenging the constitutionality of the California Age-Appropriate Design Code Act (CAADCA), which the California Legislature passed last year. In granting the Preliminary Injunction, the court found that the law’s restrictions on commercial speech likely violate the First Amendment.
Drawing inspiration from the UK Age-Appropriate Design Code, the CAADCA regulates covered businesses and their practices with respect to the collection, storage, and processing of personal data collected from children under the age of 18. CAADCA requires that the most restrictive default privacy settings be implemented for younger users and that any community standards, terms of service, and privacy settings be freely accessible and enforced. Following the September 18 ruling, the future of the CAADCA is uncertain. At the very least, the CAADCA is unlikely to be enforced on its intended effective date of July 1, 2024, as the injunction remains in place throughout the course of litigation.Continue Reading Pumping the Brakes: Federal Judge Grants Preliminary Injunction Blocking California Children’s Digital Privacy Law From Taking Effect