An Illinois Supreme Court ruling on February 17, 2023 opened the door to astronomical damages under the Illinois Biometric Information Privacy Act (“BIPA”).  Enacted in 2008, BIPA provides for a private right of action against an entity that collects or discloses a person’s biometric identifier without opt-in consent.

The Case

Cothron v. White Castle System

Compliance with out-of-state investigative requests, like warrants, just got a little trickier for some California-based companies.

Read on for details and implications of a new California law that, among other things, prohibits technology and communications companies based in the state from providing user data to out-of-state authorities investigating abortions that would be legal under California

On Wednesday, August 24, 2022, the California Attorney General released a public statement addressing its first enforcement action under the California Consumer Privacy Act (“CCPA”) against Sephora. The Attorney General alleged that Sephora failed to disclose to consumers that it was selling personal information, it failed to honor requests submitted through Global Privacy Controls (“GPC”), and it failed to cure these violations within the 30-day period. The parties settled for a $1.2M fine and injunctive relief requiring Sephora to comply with the CCPA and accept GPC.
Continue Reading First CCPA Enforcement Action Shows Accepting User-Enabled Global Privacy Controls Is Mandatory

The Utah Consumer Privacy Act (“UCPA”) passed by the Utah legislature was signed into law by Governor Spencer Cox on March 24, 2022 and becomes effective December 31, 2023. While companies conducting business in Utah will need to familiarize themselves with the law in order to become complaint if they are covered by the statute, the good news is that the UCPA creates only marginally different obligations than those found in California, Colorado, and Virginia’s data privacy laws.
Continue Reading New Utah Privacy Law Largely Overlaps with Existing State Statutes