On April 27, 2023, Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act. Its stated purpose is to protect “consumer health data” collected by entities not already subject to the federal Health Insurance Portability and Accountability Act, but one less obvious consequence of the Act
Nicola Menaldo represents and counsels technology and retail clients on a wide range of issues central to their business needs.
Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act are now back in reruns. More than 100 putative class actions alleging violations of the VPPA have been filed against publishers that use the Meta pixel on their websites.
It remains to be seen whether these lawsuits will survive evaluation…
White House Adopts Blueprint for an AI Bill of Rights
The Office of Science and Technology Policy (OSTP), a part of the Executive Office of the President, recently published a white paper titled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People” (Blueprint). This Blueprint offers a nonbinding framework for the responsible development of policies and…
Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality
Amazon and Microsoft won summary judgment in two class action lawsuits filed in federal court in the U.S. District Court for the Western District of Washington asserting violations of the Illinois Biometric Information Privacy Act. While the facts of the cases are unique—the defendants received a data set that was developed by a third party…
$228M Verdict in First Illinois Biometric Information Privacy Act Trial
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company, recklessly or intentionally violated BIPA 45,600 times (once per class member), resulting in a $228 million judgment.
Getting the Right Fit: Biometric Privacy and the Apparel Industry
In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments. This includes everything from virtual try-on to virtual stores in the metaverse. Depending on their specific nature, these services could potentially trigger biometric privacy laws, generating risk for businesses.
Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens
In February, the Texas attorney general brought the first enforcement action under Texas’ Capture of Use of Biometric law. CUBI was the first state law to govern the collection and use of biometric data, predating the more well-known Illinois law by seven years.
This update explores (1) the key differences between CUBI and the Illinois…
Maryland Legislators Once Again Push for a BIPA-Style Biometric Privacy Bill
For the second year in a row, amidst a wave of biometric lawsuits in other states, Maryland legislators have introduced a new biometric privacy law mimicking the Illinois Biometric Information Privacy Act (BIPA). In 2021, a similar proposed law (HB 0218) failed to make it past committee hearings and was withdrawn by its sole sponsor, Maryland House Delegate Sara Love.
Continue Reading Maryland Legislators Once Again Push for a BIPA-Style Biometric Privacy Bill
The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021
What Is the Ordinance?
New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates the use of “biometric identifier information” in “commercial establishments.” It is the first law of its kind in the State of New York.
- “Biometric identifier information” is broadly defined to mean “a physiological or biological
Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the Washington Privacy Act of 2021 (SB 5062) was introduced in the Washington State Senate and…