On August 8, 2023, the Massachusetts Gaming Commission approved 205 CMR 257: Sports Wagering Data Privacy, a set of regulations designed to create new rights and obligations with respect to sports betting operators’ use of patrons’ Confidential Information or Personally Identifiable Information. The regulations took effect on September 1, 2023.
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Personally Identifiable Information
Judge Approves $92 Million TikTok Settlement
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On July 28, 2022, a federal judge approved TikTok’s $92 million class action settlement of various privacy claims made under state and federal law, which will resolve litigation that began in 2019 and involved claims that TikTok violated the Illinois Biometric Information Privacy Act and the federal Video Privacy Protection Act.
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Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds
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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.
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Court Authorizes FBI to Remove Web Shells from Compromised Microsoft Exchange Servers
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Posted in Cybersecurity, U.S. Federal Law
On April 13, 2021, the U.S. Department of Justice announced that the Federal Bureau of Investigation executed a court-authorized removal of malicious web shells from hundreds of vulnerable computers in the U.S. …
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BIPA Lawsuit Proceeds Against Apple in Federal Court
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Posted in Information Security, U.S. State Law
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.
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Vermont’s Amendments to Data Breach Law and New Student Privacy Law Effective July 1, 2020
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Posted in Security Breach, U.S. State Law
On July 1, 2020, amendments to Vermont’s data breach notification law, signed into law earlier this year, will take effect along with Vermont’s new student privacy law. …
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EDPB Adopts Letter to European Commission on Apps Used to Fight COVID-19
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On April 14, 2020, the European Data Protection Board adopted a letter concerning the European Commission’s draft Guidance on apps supporting the fight against the COVID-19 pandemic.
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Spanish DPA Publishes Report on Data Processing Activities in Relation to COVID-19
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Posted in Health Privacy, International
The Spanish Data Protection Authority recently published a report on data processing activities carried out by data controllers in the private and public sectors in connection with the spread of COVID-19.
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China Emphasizes Protection of Personal Data by Issuing a New Circular
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Posted in International
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. …
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The California Consumer Privacy Act Surfaces in Recent Data Breach Class Action Complaint
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At least one class action lawsuit has been filed that expressly references the CCPA. …
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