Data privacy laws have made significant breakthroughs in recent years, making it a top priority for businesses.  From the adoption of the European Union’s General Data Protection Regulation (GDPR) in 2016 to the enactment of the California Consumer Privacy Act (CCPA) in 2018 and the latest ballot approval of the California Privacy Rights Act (CPRA) in 2020, we continue to see data privacy laws develop and garner interest from consumers, businesses, and legislators alike.

Specific biometric privacy laws, in particular however, are often overshadowed by more general data privacy laws.  As we discussed in our prior article, biometrics are physical and behavioral human characteristics (i.e., face, eye, fingerprint, and voice features) that can be used to digitally identify a person.  As the collection and use of biometric data become more common in daily life and its applications in different industries continue to expand, new privacy considerations will emerge in this field.  Biometrics laws, in their own right, require separate recognition because of the nuanced application of these specific laws.

The United States does not have a single, comprehensive federal law governing biometric data.  Recently, we have seen an increasing number of individual states focus on this issue, and the recent introduction of legislation in a number of states specifically aimed at protecting the collection, retention, and use of biometric data.  In Part I, we summarize some of the legislative activity on biometric laws from 2020.  We will describe other noteworthy legislation to monitor for 2021 in Part II.


Continue Reading U.S. Biometrics Laws Part I: An Overview of 2020

A major consumer privacy law is likely this legislative session in Florida that stands to jeopardize not only technology companies, but financial services, healthcare entities, and thousands of small and medium-sized businesses that rely on digital marketing and advertising to conduct business.

Florida legislators are generally pro-business, but this year could be an exception. Talks

In its long awaited judgment in the Schrems II case, the ECJ has this morning invalidated the EU-US Privacy Shield citing the “limitations on the protection of personal data arising from the domestic law of the United States on the access and use by US public authorities” in respect of personal data transferred from the European Union to the United States on the basis that such limitations do not provide the protections ensured under EU law. The ECJ’s concerns centered around certain US surveillance programs which are not limited to what is strictly necessary and EU data subjects not having effective rights of enforcement against US authorities under US laws.

Continue Reading ECJ Invalidates the EU-US Privacy Shield! How Safe is it to Use SCCs for Data Transfers from the EU to the US?

The Court of Justice of the European Union (ECJ) has announced that it will deliver its judgment in what has become known as the Schrems II case (Case 311/18 Facebook Ireland and Schrems) on 16th July 2020. The judgment will determine the validity of the Standard Contractual Clauses (or Model Clauses) (SCCs) as a transfer mechanism under the GDPR. This case arose following a complaint from Max Schrems, a lawyer and data privacy campaigner to the Irish Data Protection Commissioner (DPA) about transfers of his personal data from Facebook Ireland to Facebook US using SCCs. Mr. Schrems’s position is that Facebook is violating the EU data protection laws by allowing US intelligence authorities to access his personal data. The DPA issued proceedings in the Irish High Court in relation to the matter, which were stayed in 2018, with various questions raised by the DPC relating to SCC referred to the ECJ for determination.

Continue Reading ECJ to Deliver Judgment on the Validity of SCCs on 16th July 2020