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
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.
The California Consumer Privacy Act (CCPA) went into effect three months ago, on January 1, 2020. Although enforcement by the California attorney general cannot begin until July 1, private plaintiffs have been able to bring claims under the law’s limited private right of action since the beginning of the year.
The CCPA is already having an impact on litigation. Two high-profile cases filed after January 1 directly allege violations of the CCPA and have attracted attention. Other cases that either allege CCPA violations or otherwise cite to the statute have received less notice. Even if the cases do not result in decisions that are binding on future litigants, the arguments are worth a look because they may signal trends for which privacy litigators should be prepared. To that end, this privacy quick tip aims to paint a broader picture of how the CCPA has been referenced in litigation and identify a few potential trends to keep an eye on.
Continue Reading CCPA in Litigation: 2018 to Present