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California Passes New Digital Privacy Law

On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act. The law requires police to obtain a warrant before accessing an individual’s private electronic information. … Continue Reading

States Writing Biometric-Capture Laws May Look to Illinois

Recent class actions filed against Facebook and Shutterfly are the first cases to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the cases focus on biometric capture activities primarily in the social-media realm, these cases and the Illinois law at issue have ramifications for any business … Continue Reading

Florida Passes Drone Surveillance Bill Requiring Individual Consent

On April 28, 2015, the Florida House of Representatives passed a bill (SB 766) that prohibits businesses and government agencies from using drones to conduct surveillance by capturing images of private real property or individuals on such property without valid written consent under circumstances where a reasonable expectation of privacy exists.… Continue Reading

Data Security Act Introduced in New York State Assembly

On April 8, 2015, a New York Assemblyman introduced the Data Security Act in the New York State Assembly that would require New York businesses to implement and maintain information security safeguards. The Data Security Act also expands the scope of New York’s breach notification law.… Continue Reading

Two Wyoming Bills Amending the State’s Breach Notification Statute Are Headed to the Governor

On February 23, 2015, the Wyoming Senate approved a bill that adds data elements to the definition of "personal identifying information" in the state's data breach notification statute. The Wyoming Senate also agreed with amendments proposed by the Wyoming House of Representatives to another bill that adds content requirements to the notice that breached entities must send affected Wyoming residents. … Continue Reading

Safeway Reaches Settlement with California District Attorneys Over Allegations of Unlawful Disposal of Medical Records

On January 5, 2015, the Alameda County District Attorney's Office announced that Safeway Inc. has agreed to pay USD 9.87 million to settle claims that the company unlawfully disposed of customer medical information and hazardous waste in violation of California's Confidentiality of Medical Information Act and hazardous waste laws. … Continue Reading

California Governor Approves New Privacy Legislation

On September 30, 2014, California Governor Jerry Brown announced the recent signings of several bills that provide increased privacy protections to California residents. These bills are aimed at protecting student privacy, increasing consumer protection in the wake of a data breach, and expanding the scope of California's invasion of privacy and revenge porn laws.… Continue Reading