Category: Privacy

Posted on by Duane Morris

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.

Posted on by Duane Morris

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.

Posted on by Duane Morris

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.

Posted on by Duane Morris

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.

REGISTER 

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”

Posted on by Duane Morris

FTC Amends Safeguards Rule to Add a Breach Notification Requirement

The Federal Trade Commission (FTC) has approved an amendment to the Safeguards Rule that would require nonbanking financial institutions to report a breach of unencrypted customer information involving at least 500 customers. The notice must be provided as soon as possible, and no later than 30 days after discovery. The new requirement becomes effective 180 days after publication of the rule in the Federal Register.

Read the full Alert on the Duane Morris LLP website.

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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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