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.
Biometrics
Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure
Posted in Biometrics, Privacy Litigation
The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v. White Castle System Inc. holds that every individual scan or transmission of biometric data made…
Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality
Posted in Biometrics
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…
Retailers: What to Consider as You Offer Virtual Try-On Features
By Miriam Farhi, Andrew Grant & Bipasana Joshee on
Posted in Biometrics
Online shopping and the use of virtual try-on technology continue to grow in popularity. Retailers today have a number of options when considering how to bring virtual try-ons to consumers. These range from licensing third-party technology to integrate virtual try-on within their own e-commerce channels to partnering with an online shopping network that offers the…
Getting the Right Fit: Biometric Privacy and the Apparel Industry
By Nicola Menaldo & Justin Potesta on
Posted in Biometrics
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.
Illinois Supreme Court Nixes Employer Biometric Privacy Defense
By Debra R. Bernard & Adam Weiner on
Posted in Biometrics
In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act, the Supreme Court of Illinois held last month that the Illinois Workers’ Compensation Act does not preempt BIPA claims for statutory damages brought by employees. The decision in McDonald v. Symphony Bronzeville Park, LLC, et al.
Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens
By Sunita Bali, Debra R. Bernard, Samantha Ettari, Susan Fahringer, Nicola Menaldo, Justin Potesta & Ryan Spear on
Posted in Biometrics
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
Posted in Biometrics
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
Illinois Biometric Information Privacy Act: Litigation Update
By Simon M. Feng & Debra R. Bernard on
Posted in Biometrics
As the use of facial recognition and other biometric technology expands, so too has litigation under the Illinois Biometric Information Privacy Act (BIPA). Nearly 2,000 cases have been filed, the vast majority of them in Illinois. Late last year, the Illinois First District Appellate Court issued two key decisions.
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Continue Reading Illinois Biometric Information Privacy Act: Litigation Update
The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021
Posted in Biometrics
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