On March 24, 2023, Texas House Representative Giovanni Capriglione participated in a virtual interview with the Dallas chapter of the International Association of Privacy Professionals (IAPP) about his recently introduced bill, HB 4, also known as the Texas Data Privacy and Security Act (TDPSA). The interview was moderated by Samantha V. Ettari, Perkins Coie LLP senior counsel and co-chair of the IAPP KnowledgeNet Dallas Chapter, and Justin L. Koplow, AT&T senior legal counsel and also a co-chair of the IAPP Dallas Chapter. The conversation focused on a variety of subjects, including Rep. Capriglione’s professional technology background and subsequent journey into privacy issues, the development of the TDPSA, its specific provisions, and how the bill compares to privacy regimes in other states, including the Virginia Consumer Data Protection Act (VCDPA), on which it was modeled. This is the third comprehensive consumer privacy bill Rep. Capriglione has advanced, and this one appears to be channeling the momentum of six states’ comprehensive privacy laws, Texas denizens’ apparent interest in consumer privacy, and a significant national conversation around consumers’ and children’s privacy.
$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.
Growing Pains: New Self-Regulatory Framework for Teenage Privacy Proposed
The Better Business Bureau recently announced the launch of the TeenAge Privacy Program, which proposes a self-regulatory framework for companies to use in order to protect teen consumers and guide the responsible collection and management of teen data. The CISR’s new framework helps to address recent attention to the privacy and safety of teens online
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
Requiem for a Cookie Part 2: The AdTech Phoenix is Reborn
As the world turns anew in 2022, a seismic shift is underway in the AdTech industry as detailed in the first part of this Requiem for a Cookie series: online tracking technology as we know it is likely undergoing a permanent change. More specifically, the third-party cookie, which has been the dominant method for
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