On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.

Continue Reading BIPA Lawsuit Proceeds Against Apple in Federal Court

On September 25, 2020, the District Court of New Mexico granted Google’s motion to dismiss a suit filed by New Mexico Attorney General Hector Balderas alleging, among other claims, that the company violated the federal Children’s Online Privacy Protection Act by using G Suite for Education to “spy on New Mexico students’ online activities for its own commercial purposes, without notice to parents and without attempting to obtain parental consent.”
Continue Reading New Mexico AG Suit Against Google Regarding Alleged Violations of COPPA Dismissed

The Centre for Information Policy Leadership at Hunton Andrews Kurth recently published a concept paper titled “Why We Need Interstate Privacy Rules for the U.S.” This blog entry provides highlights on the paper.
Continue Reading CIPL Publishes Concept Paper on an Interstate Privacy Interoperability Code of Conduct

On September 8, 2020, AB-1138, the Parent’s Accountability and Child Protection Act, was enrolled and presented to the California Governor for signature. If signed into law by the Governor, the bill would require a business that operates a social media website or application, beginning July 1, 2021, to obtain verifiable parental consent for California-based children the business “actually knows” is under 13 years of age.
Continue Reading California Legislature Passes Bill Requiring Social Media Companies to Obtain Parental Consent for California-based Children Under 13

On August 31, 2020, the California Senate joined the Assembly in passing SB-980, as amended, a bill to establish the Genetic Information Privacy Act, which would require direct-to-consumer genetic testing companies to comply with certain privacy and data security provisions. The bill is pending California Governor Gavin Newsom’s signature.
Continue Reading California Legislature Passes Bill to Establish the Genetic Information Privacy Act, Pending Governor’s Signature

On August 30, 2020, the California legislature passed AB-1281. As background, the CCPA currently exempts from most of its requirements certain information collected in the HR context and certain information collected about B2B personnel. AB-1281 would extend each exemption until January 1, 2022.
Continue Reading California Legislature Votes to Extend CCPA’s HR and B2B Exemptions