As we kick off 2024, many of us are wondering what this year’s hot topics and trends will be in the privacy and cybersecurity sector. Will AI continue to be the trendsetter, even among privacy regulators? And what will businesses do to keep up to date with all emerging laws,…
On December 7, 2023, the Court of Justice of the European Union (“CJEU”) delivered a landmark decision against SCHUFA Holding AG (“SCHUFA”) that will likely impact how the EU General Data Protection Regulation (“GDPR”) applies to credit scoring agencies. In the decision, OQ v. Land Hessen, the CJEU decided that…
Recently, there has been a wave of consumer privacy class action litigation against website operators alleging privacy violations around the use of session replay and chatbot technology. Remarkably, no specific legislative change triggered this increase. Instead, the rise follows recent court decisions holding businesses liable under state wiretap and eavesdropping…
On April 27, Washington Governor Jay Inslee signed into law the state’s expansive health privacy law, the My Health My Data Act. Effective March 31, 2024, the MHMDA establishes a comprehensive privacy framework for entities doing business in Washington state that handle consumer health data. Reflecting a trend by lawmakers to…
On April 27, Washington Gov. Jay Inslee signed into law the state’s sweeping health privacy bill – the My Health Data Act.[1] The act, which establishes a comprehensive privacy framework for entities that do business in the state and that handle consumer health data, will take effect less than a…
Is a university a financial institution governed by the Gramm-Leach Bliley-Act (“GLBA”), or are they subject to the Illinois Biometric Information Privacy Act (“BIPA”) and its heightened protections for individuals’ biometric data? This question has animated a series of BIPA cases in Illinois courts over the years, and has spawned…
On May 10, 2022, Connecticut Governor Ned Lamont signed into law an Act Concerning Personal Data Privacy and Online Monitoring (“Connecticut Data Privacy Act”, “CTDPA” or the “Act”). Like the California Privacy Rights Act, Colorado Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, the Act provides…
The United States is in need of comprehensive federal data privacy legislation, which may finally be gaining traction. In late 2019, two competing federal privacy proposals were drafted. Senate Bill 2968 (the “Consumer Online Privacy Rights Act”), was introduced by Senator Maria Cantwell (D-WA), among others. And the “United States…
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. The CPA will take effect on July 1, 2023 and joins the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and Virginia Consumer Data Protection Act (“VCDPA”) on a growing list of comprehensive state data privacy laws…
On 13 April 2021, the British Virgin Islands (“BVI” or “Virgin Islands”) became the latest jurisdiction to enact a comprehensive information privacy law when the territory published the Data Protection Act, 2021 (the “DPA 2021” or the “Act”) in its Official Gazette. Despite being a territory of the United Kingdom, the Virgin…