Keypoint: Last week, consumer data privacy bills advanced in Minnesota, Maryland, and Missouri, New Hampshire’s Governor signed SB 255 into law, Maryland’s AADC bill advanced in the Senate, and the Hawaii House passed a consumer health data privacy bill.
Below is the seventh weekly update on the status of proposed state privacy legislation in 2024.
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA.
Welcome to the eleventh installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this month’s post, we look at wiretapping decisions from courts that have come out differently on whether plaintiffs have plead facts to sufficiently allege “interception” of chat communications, two decisions that rejected defendant’s arguments concerning plaintiffs’ consent to being recorded, and a failed attempt to compel arbitration. We also look at three session reply technology decisions, all of which grappled with whether the plaintiff had plead the third-party had the capability to use the alleged communications for the third-party’s own benefit. We also take a look at three VPPA decisions that continue to show the balancing act courts have struck when assessing VPPA claims at the pleading stage, including a decision that expands what type of company may be considered a “video tape service provider.”
If you are a ByteBack+ member, you will also see our coverage on recent lawsuits beyond the wiretapping and VPPA claims, including the recent trend of cases brought under pen registry laws and efforts against plaintiffs who have brought wiretapping claims in private arbitration rather than the public courts. Interested in learning more about ByteBack+? Click here.
There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.
Keypoint: Since our inaugural post on US artificial intelligence legislation, the first AI bill from this year is set to pass in Utah, new bills have been introduced in Connecticut, Illinois, New Jersey, and several bills have stalled in Virginia, Rhode Island, and Washington.
Below is our second update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.
Keypoint: Last week chambers in West Virginia and Georgia passed consumer data privacy bills while a VCDPA amendment bill focused on children’s privacy passed the Virginia legislature.
Below is the sixth weekly update on the status of proposed state privacy legislation in 2024.
We are excited to introduce our newest value-added client resource, Byte Back+. Designed to maximize value for our privacy clients, this client-only resource will provide a seamless end-user experience for our privacy thought leadership and offer exclusive content on the topics that matter most to you. In addition to aggregating content from our Byte Back blog and webinar offerings, Byte Back+ will include other produced materials and exclusive content developed solely for our clients, that dives deeper into emerging privacy issues.
Keypoint: Last week the Kentucky House passed a consumer data privacy bill, the Colorado House passed a biometric privacy bill, and Virginia moved closer to amending the VCDPA to add children’s privacy provisions.
Below is the fifth weekly update on the status of proposed state privacy legislation in 2024.
Keypoint: In only its second public enforcement settlement, the California Attorney General announced a $375,000 fine along with injunctive relief.
On February 21, 2024, the California Attorney General announced that it had reached a settlement with a company, resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and California Online Privacy Protection Act (CalOPPA). This is only the second time the Attorney General’s office has publicly announced a settlement. In August 2022, the office announced a settlement over allegations that a company failed to disclose that it was selling consumers’ personal information and failed to process opt-out requests via user-enabled global privacy controls.
In announcing the enforcement action, Attorney General Bonta stated “I hope today’s settlement serves as a wakeup call to businesses: The CCPA has been in effect for over four years now, and businesses must comply with this important privacy law. Violations cannot be cured, and my office will hold businesses accountable if they sell data without protecting consumers’ rights.”
In the below article we provide a brief overview of the settlement.
Keypoint: Last week Wisconsin inched closer to passing a consumer data privacy bill, Colorado’s biometric privacy bill advanced out of committee, and several CCPA-amendment bill were introduced.
Below is the fourth weekly update on the status of proposed state privacy legislation in 2024.
With state legislatures now open across the country, lawmakers in numerous states have introduced bills seeking to regulate the private sector’s use of artificial intelligence. With this influx of bills, we are releasing our 2024 AI State Law Tracker. The tracker, which compliments our State Privacy Law Tracker, State Children’s Privacy Law Tracker
Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills.
Below is our first regular update on the status of US artificial intelligence laws. In this update, we provide an overview of proposed state artificial intelligence bills impacting the private sector and links to recent firm articles on various AI-related issues.