In many of the settlement agreements and stipulated orders in the FTC’s recently released 2019 Privacy and Data Security Update, the FTC repeatedly imposed a set of uniform mandates for businesses to implement following a data breach. Businesses subject to the new California Consumer Privacy Act may be able to use this mandate to
Sen. Kristen Gillibrand (D-N.Y.) recently introduced a 41-page bill that would transfer the authority to create and enforce data protection rules from the Federal Trade Commission to a new independent federal agency. This proposal comes on the heels of a similar proposal from Sen. Josh Hawley (R-Mo.). Both of these proposals have emerged due to
On January 16, the National Institute of Standards and Technology released Version 1.0 of its Privacy Framework: A Tool for Improving Privacy through Enterprise Risk Management. NIST’s Privacy Framework is a tool meant to aid organizations of all sizes in managing privacy risks without regard to any particular technology, sector, law, or jurisdiction.
Purpose
On Feb. 3, plaintiff Bernadette Barnes filed a class action lawsuit hoping to be the first case to rely on the new California Consumer Privacy Act (CCPA). The complaint was filed over a data breach that allegedly occurred before the CCPA’s Jan. 1, 2020, effective date.
Given this timing, this case will not test the
Today, January 28, 2020, is Data Privacy Day – a day dedicated to promoting privacy and data protection best practices. In recognition of the day, Troutman Sanders attorneys have returned again this year to send a bit of data privacy cheer.
All the presents have been opened.
The New Year’s Eve ball has been dropped.
Wire fraud cases, arising from what the Federal Bureau of Investigation calls “business email compromise,” are on the rise. In 2018, the FBI reported that business email compromise and other internet-enabled theft, fraud, and exploitation resulted in $2.7 billion of financial loss. See FBI – IC3 Annual Report Released. Surprisingly, even sophisticated parties and
Illinois made its first attempt at being in the vanguard of adopting new privacy laws with legislation to protect the biometric data of its residents with the Biometric Information Privacy Act. Illinois followed BIPA as the first state to pass legislation requiring an employer to disclose the use of artificial intelligence in the video-interview process
On November 12, the United States District Court for the Middle District of Florida issued an order granting final approval to a class action settlement in Sanders et al. v. Global Radar Acquisition LLC d/b/a Global HR Research. This settlement resolves the lawsuit filed by Shawana Sanders and Keynatta Williams alleging that Global HR
The Illinois Biometric Information Privacy Act is not preempted by federal statutes that regulate rail or ground transportation, a federal district court has ruled. The recent ruling was issued in Richard Rogers v. BNSF Railway Company, No. 19-cv-3083 (N.D. Ill. Oct. 31, 2019), a BIPA class action filed by Rogers, a truck
On Oct. 10, the California attorney general released a draft of proposed regulations implementing the California Consumer Privacy Act and is calling on all interested parties to submit comments at the scheduled public hearings, by mail, or by email by Dec. 6.
There are many reasons why all businesses, industries, and impacted parties should consider