Data Privacy and Consumer Protections in 2025

Duane Morris partner Michelle Hon Donovan shares insight with NBC News about the privacy laws that take effect this year.

Eight states will have privacy laws take effect this year: Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Maryland, Minnesota and Tennessee. The laws impose stricter obligations on businesses handling personal data and grant consumers the right to more transparency on how their data is collected, used and shared, according to Donovan. Not all companies will be required to comply, as each state has its own requirements and thresholds, such as Nebraska, which exempts small businesses.

Donovan said that before 2020, there were few laws across the country addressing privacy except for online privacy laws in a handful of states. Federal laws mostly focus on certain industries, she added, like the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act.

Read the full article on the NBC News website.

Employment Legislation in Illinois Regulates BIPA and AI

In the span of 10 days in August 2024, Illinois Governor J.B. Pritzker signed into law a series of significant employment legislation, paving the way for a new employment landscape beginning in 2025 and 2026. The new legislation includes:

    • Adding new requirements for employers utilizing artificial intelligence in their decision-making processes, and imposing liability under the Illinois Human Rights Act if those AI systems create a discriminatory effect;
    • Passing long-awaited reforms to the Biometric Information Privacy Act  that limit the number of violations an individual may accumulate under the law

Read the full Alert on the Duane Morris website.

Changes to Illinois Biometric Data Law Lower Liability, but the Stakes Remain High

In recent years, a heavy question mark has weighed on companies that process biometric information as part of their standard operating procedures: What is our risk exposure?  On August 2, 2024, Illinois Governor J.B. Pritzker signed into law a bill passed by the Illinois Legislature in May to amend BIPA in a way that is expected to limit the risk exposure associated with violations. The amended text of BIPA now indicates that violations essentially occur on a per-person basis, not a per-scan basis. This is expected to yield a marked decrease in the number of violations for which a company may be liable, though penalties of up to $5,000 may still add up quickly where thousands of individuals or more are implicated. Read the full Alert on the Duane Morris website.

Texas Data Privacy and Security Act Coming July 1, 2024: What You Need to Know

In the absence of a federal comprehensive privacy law, states have been enacting their own in a sort of domino effect, creating a patchwork of compliance laws with their own nuances. The Texas Data Privacy and Security Act (TDPSA) is one of those new laws and goes into effect July 1, 2024, bringing Texas into the fold of U.S. states with a comprehensive data privacy law. While the TDPSA is similar to existing state data privacy laws, it has a unique threshold requirement that may broaden its reach compared to other states. Below are some key considerations that covered businesses should take into account to get ready for compliance with this upcoming new law. Read the full Alert on the Duane Morris website.

Webinar Replay: Privacy Class Action Litigation Trends

A replay of The Data Privacy and Security Landscape: Privacy Class Action Litigation Trends is available for viewing.

Replay: International Developments in Privacy

A replay of The Data Privacy and Security Landscape: International Developments in Privacy is now available for viewing.

Webinar: International Developments in Privacy

Duane Morris LLP will present a webinar, The Data Privacy and Security Landscape: International Developments in Privacy, on Wednesday, January 17, 2024, at 11:00 a.m. Eastern time/11:00 p.m. Vietnam time.

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About the Program

The web of data protection laws being introduced across the world continues to become ever more complex. Businesses operating at an international level face serious compliance challenges. This program will present a discussion of data protection laws in countries that present some of the most significant risks. Beginning in Europe, we will discuss the new rules around cross-border transfers, trends and approaches from the regulator to the enforcement of the GDPR and its interaction with proposed AI laws. Our discussion of Asia will recap the position in a number of the major jurisdictions in the region (Japan, Singapore and China) and compare and contrast these with new law in Vietnam. For Latin America, we will focus on Mexico’s federal law on the Protection of Personal Data Held by Private Parties, Argentina’s Personal Data Protection Act and the Brazilian Data Protection Act. The discussion will include the privacy principles of each law, approaches to transfer and enforcement.

Continue reading “Webinar: International Developments in Privacy”

Webinar Replay: Data Privacy and Security Landscape – Wearable Fitness and Health Tech

A replay of the Duane Morris webinar The Data Privacy and Security Landscape: Let’s Talk About Tech ‒ Wearable Fitness and Health Tech is now available.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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