Privacy Legislation

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By Kristine Argentine and Paul Yovanic Jr.

Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a somber note with the Illinois Supreme Court delivering unfavorable decisions on two pivotal threshold matters. However, rays of hope emerged when…

Continue Reading Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

By Kristine Argentine

Seyfarth Synopsis: With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a…

Continue Reading Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites

By John P.Tomaszewski and Jason Priebe

Seyfarth Synopsis: Tennessee and Montana are now set to be the next two states with “omnibus” privacy legislation. “Omnibus” privacy legislation regulates personal information as a broad category, as opposed to data collected by a particular regulated business or collected for a specific purpose, like health information, financial or payment card information. As…

Continue Reading Legal Update: Two New State Privacy Laws – But What is Really New?

By Emily A. Dorner and Karla Grossenbacher,

Seyfarth Synopsis: Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023. 

By way of background, in November of 2021, California residents voted to pass the CPRA, which affords California consumers heightened rights and…
Continue Reading California Privacy Rights Act: Big Changes For Employers With Employees in California In 2023

By Karla Grossenbacher, Thomas E. Ahlering, and Andrew R. Cockroft

Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of …
Continue Reading Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation

By Erin Dougherty Foley and Karla Grossenbacher

Seyfarth Synopsis: In this hot topic webinar, on Thursday, November 16, 2017, we will discuss how to avoid becoming the next target in a lawsuit concerning the collection and retention of biometric data. There is no cost to attend this program, but registration is required.

In the past two months, at least…
Continue Reading Upcoming Webinar: Using Biometric Technology Wisely

By Karla Grossenbacher and Christopher W. Kelleher

Seyfarth Synopsis:  A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws.

As biometric technology has become more advanced and affordable, more employers have begun implementing procedures and systems that rely on employees’ biometric data.
Continue Reading HAZARDS AHEAD: UPTICK IN BIOMETRIC PRIVACY LAWS CAN PUT EMPLOYERS IN HOT SEAT

By: Elizabeth McKee, Gabriel Mozes and Jason E. Burritt

Seyfarth Synopsis: The U.S. Department of State has recently issued a new supplemental questionnaire that will enable officers at U.S. Consulates and Embassies to carry out enhanced and burdensome screenings of certain applicants for nonimmigrant and immigrant visas to the U.S.

As part of the Trump Administration’s extreme vetting…
Continue Reading One Minute Memo: Extreme Vetting Measures To Include Questionnaires Asking for Detailed Travel History and Social Media Information

By Karla Grossenbacher

Over the past several years, technology has dramatically increased employee accountability in the workplace. For example, in an office environment, employees are expected to respond to emails immediately because they are either sitting in front of their computers or carrying a mobile device on which they can access their email.  As for employees who work outside the…
Continue Reading The Legality of Tracking Employees By GPS

Data privacy issues keeping you awake at night?  Our colleagues, part of Seyfarth’s Global Privacy and Security Team (GPS), are here to help shed some light on this increasingly more complex body of law.  See the blog posted here.  Also, please consider joining us up for an upcoming webinar, on September 22, 2015, that will address Information Security…
Continue Reading Information Security Policies and Data Breach Response Plans – If You Updated Yours In June, It’s Already Obsolete