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Privacy law is a growing and dynamic area of practice for many attorneys. A wave of state legislation with dataprotection requirements places new obligations on businesses and public institutions. The history of privacy law The roots of privacy law in the U.S. go back further than one might think.
Why is Data Compliance Important? Failure to adhere to the security framework regarding dataprotection can lead to high fines and even court cases. General DataProtection Regulation (GDPR) Europe introduced a dataprotectionlaw, which is the GDPR, in 2018 for businesses handling personal and private personal information.
Unsurprisingly, BIPA has begun to generate significant class action litigation both in Illinois and elsewhere: The Six Flags case, involving use of fingerprint scans for admission to a theme park, resulted in a $36 million settlement. 2019 IL 123186, 129 N.E.3d million settlement. million settlement. See, e.g., Miracle-Pond v. May 15, 2020).
In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federallaw that specifically regulates biometric privacy. No comprehensive and preemptive federallaw seems likely to pass anytime soon.
state privacy law, including updates to the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), the Colorado Protect Personal Data Privacy Act (“ColoPA”), the Connecticut Privacy Act (“CTPA”), the Virginia Consumer DataProtection Act (“VCDPA”), and the Utah Consumer Privacy Act (“UCPA”).
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