Personally Identifiable Information

As reported on the Hunton Retail Law Blog, the U.S. Court of Appeals for the Second Circuit has affirmed the dismissal on Article III standing grounds of a data breach class action predicated on an alleged increased risk of identity theft. Notably, the district court that dismissed the action raised the issue of standing sua sponte in advance of a scheduled class settlement fairness hearing.
Continue Reading Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds

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 February 9, 2020, amidst the ongoing coronavirus outbreak in China, in order to protect personal information collected during the fight against coronavirus, such as the personal data of diagnosed patients, suspected patients and individuals who have been in close contact with diagnosed patients, the Cyberspace Administration of China issued a new circular to emphasize the protection of relevant personal data.
Continue Reading China Emphasizes Protection of Personal Data by Issuing a New Circular

On July 22, 2019, the FTC announced that Equifax agreed to pay at least $575 million, and potentially up to $700 million, as part of a global settlement agreement with the FTC, the CFPB, and 50 U.S. states and territories to resolve investigations into the colossal data breach the company suffered in 2017. This is the largest data breach settlement in U.S. history.
Continue Reading Equifax Agrees to Pay Up to $700 Million to Resolve 2017 Breach, the Largest Data Breach Settlement in U.S. History