Matthew Cin
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Articles by Matthew Cin
Key Privacy and Cybersecurity Watchdogs Make Their Naughty Lists | JD Supra
Although 2024 saw several states enact comprehensive privacy legislation, another year is nearly gone, and we still do not have a comprehensive federal privacy law to resolve the rapidly evolving patchworks of state laws. Despite the lack of comprehensive privacy legislation, privacy and cybersecurity were hot button issues across key federal agencies, such as the FTC and FCC, with significant enforcement activity throughout the year.
Key Privacy and Cybersecurity Watchdogs Make Their Naughty Lists
Although 2024 saw several states enact comprehensive privacy legislation, another year is nearly gone, and we still do not have a comprehensive federal privacy law to resolve the rapidly evolving patchworks of state laws. Despite the lack of comprehensive privacy legislation, privacy and cybersecurity were hot button issues across key federal agencies, such as the FTC and FCC, with significant enforcement activity throughout the year.
Pennsylvania Strengthens Data Breach Notification Law
On June 28, 2024, Pennsylvania enacted amendments to its Breach of Personal Information Notification Act (“BPINA”). These amendments contain a number of significant changes, including clarifying a key definition, adding a new notification obligation to the Attorney General, requiring organizations to provide credit monitoring services, and reducing the threshold to notify consumer reporting agencies.
Biometric Privacy Update: Illinois Legislature Balances BIPA, but Don’t Mess with Texas
On Friday, August 2, Governor J.B. Pritzker of Illinois signed into law SB2979, an amendment to the state’s landmark biometric privacy law. The amendment offers a welcome step forward to correcting the rapid overexpansion of potential damages associated with violations of the law without curbing any of its privacy protections. The measure amends the state’s Biometric Information Privacy Act (“BIPA”) in two significant ways.
Bracing Cos. For Calif. Privacy Agency's Restored Authority
ADVERTISEMENT Don't want ads? Subscribe or login now. By Kevin Angle and Matthew Cin (February 29, 2024, 5:31 PM EST) -- On Feb. 9, California's Third District Court of Appeal unanimously vacated a lower court ruling that had stayed enforcement of regulations promulgated under the California Consumer Privacy Act, or CCPA, as amended by the California Privacy Rights Act, or CPRA, by the California Privacy Protection Agency....
Bracing Cos. For Calif. Privacy Agency's Restored Authority
ADVERTISEMENT Don't want ads? Subscribe or login now. By Kevin Angle and Matthew Cin (February 29, 2024, 5:31 PM EST) -- On Feb. 9, California's Third District Court of Appeal unanimously vacated a lower court ruling that had stayed enforcement of regulations promulgated under the California Consumer Privacy Act, or CCPA, as amended by the California Privacy Rights Act, or CPRA, by the California Privacy Protection Agency....
California Court Of Appeal Restores CPPA Authority To Enforce Privacy Regulations
On February 9, 2024, a California state court of appeal unanimously vacated a lower court ruling, green-lighting the California Privacy Protection Agency's authority to commence enforcement of the Agency's first set of regulations. Until now, the Agency's authority to enforce regulations it has promulgated under the California Consumer Privacy Act ("CCPA") has been delayed.
California Court of Appeal Restores CPPA Authority to Enforce Privacy Regulations
On February 9, 2024, a California state court of appeal unanimously vacated a lower court ruling, green-lighting the California Privacy Protection Agency’s authority to commence enforcement of the Agency’s first set of regulations. Until now, the Agency’s authority to enforce regulations it has promulgated under the California Consumer Privacy Act (“CCPA”) has been delayed.
California Court of Appeal Restores CPPA Authority to Enforce Privacy Regulations
On February 9, 2024, a California state court of appeal unanimously vacated a lower court ruling, green-lighting the California Privacy Protection Agency’s authority to commence enforcement of the Agency’s first set of regulations. Until now, the Agency’s authority to enforce regulations it has promulgated under the California Consumer Privacy Act (“CCPA”) has been delayed.
States Move Forward with Automated Privacy Opt-Out Signals; Colorado Approves First Universal Opt-Out Mechanism
States have recently taken important steps toward implementing so-called “Universal Opt-Out Mechanisms” (“UOOMs”), which will provide consumers with a method for automatically exercising privacy rights.
States Move Forward with Automated Privacy Opt-Out Signals; Colorado Approves First Universal Opt-Out Mechanism
States have recently taken important steps toward implementing so-called “Universal Opt-Out Mechanisms” (“UOOMs”), which will provide consumers with a method for automatically exercising privacy rights.
A White Castle Post-Mortem: The Prospect Of
In another explosive year for Illinois Biometric Privacy Act ("BIPA") litigation, the Illinois Supreme Court handed down a new interpretation of BIPA that multiplied the already high cost of damages in BIPA cases to business-breaking levels. In Cothron v. White Castle, the Court's new system of calculating BIPA damages allowed for a potential cost total to White Castle surpassing $17 billion, a reality that caused a sharp increase in the number of BIPA class actions filed in Illinois.
A White Castle Post-Mortem: the Prospect of “Annihilative” Damages under the Illinois Biometric Privacy Act Has Galvanized the Plaintiffs’ Bar, but Avoiding Liability Is Manageable
In another explosive year for Illinois Biometric Privacy Act (“BIPA”) litigation, the Illinois Supreme Court handed down a new interpretation of BIPA that multiplied the already high cost of damages in BIPA cases to business-breaking levels. In Cothron v. White Castle, the Court’s new system of calculating BIPA damages allowed for a potential cost total to White Castle surpassing $17 billion, a reality that caused a sharp increase in the number of BIPA class actions filed in Illinois.
You Better Watch Out, You Better Not Cry…Telemarketing Changes Are Coming to Town in 2024
What has often been considered to be one of the most heavily litigated privacy laws over the last decade, the Telephone Consumer Protection Act’s (“TCPA”) applicability (or lack thereof) to many modern text message dialing technologies has been significantly curtailed as a result of the United States Supreme Court’s narrow definition of what constitutes an automatic telephone dialing system (“ATDS”) in Facebook v Duguid.
You Better Watch Out, You Better Not Cry…Telemarketing Changes Are Coming to Town in 2024
What has often been considered to be one of the most heavily litigated privacy laws over the last decade, the Telephone Consumer Protection Act’s (“TCPA”) applicability (or lack thereof) to many modern text message dialing technologies has been significantly curtailed as a result of the United States Supreme Court’s narrow definition of what constitutes an automatic telephone dialing system (“ATDS”) in Facebook v Duguid.
Illinois Supreme Court Reinforces Patient Safety In New BIPA Ruling
After years of rulings that have expanded the reach of the 2008 Illinois Biometric Privacy Act ("BIPA"), the Illinois Supreme Court issued a ruling on November 30, 2023 rejecting further expansion of the application of BIPA. The Court, in Mosby v. Ingalls Memorial Hospital, held that employee biometric information that is collected, used, and stored for purposes of health care treatment, payment, or operations under HIPAA does not constitute a violation of BIPA.
Unpacking India’s Digital Personal Data Protection Act Original
For the second day of data, we are taking a look around the world. The most significant new international data protection law of 2023 is probably India’s long-awaited comprehensive data protection law, the Digital Personal Data Protection Act, 2023 (the “DPDP Act”). The DPDP Act was enacted and notified in the Official Gazette on 11 August 2023.
Sunshine State Clarifies Telemarketing Regulation, Quieting Storm of Litigation Blown In by Florida Telephone Solicitation Act
On May 25, 2023 Gov. Ron DeSantis signed into law an amendment (Amendment) to the Florida Telephone Solicitation Act (FTSA), clarifying ambiguities and corralling what has been a runaway gust of telemarketing litigation since the passage of the FTSA almost two years ago.
Latest Washington Privacy Law Sets New, Broad Course for State-Based Health Information Regulation
On April 27, 2023, Washington Governor Jay Inslee signed into law the “My Health My Data Act,” (the “Act”), beginning the 11-month countdown until this new, broad privacy law takes effect. The Act distinguishes itself from other recent state privacy law legislation in that it is specifically health care focused—aiming to protect health data that falls outside the scope of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Iowa Becomes Sixth State to Pass Comprehensive Data Privacy Law
On March 28, Iowa Governor Kim Reynolds signed Senate File 262 into law, making Iowa the sixth state to adopt comprehensive data privacy legislation. The Iowa Consumer Data Protection Act (ICDPA) is set to take effect on January 1, 2025. The ICDPA is largely business friendly and mostly comparable to the Utah Consumer Privacy Act.
Iowa Becomes Sixth State to Pass Comprehensive Data Privacy Law
On March 28, Iowa Governor Kim Reynolds signed Senate File 262 into law, making Iowa the sixth state to adopt comprehensive data privacy legislation. The Iowa Consumer Data Protection Act (ICDPA) is set to take effect on January 1, 2025. The ICDPA is largely business friendly and mostly comparable to the Utah Consumer Privacy Act.
BIPA Ahead: A New Ruling Introduces a Staggering Depth Beneath the Tip of the BIPA Iceberg
On February 17, 2023, the exposure risk of a company found to be violating Illinois’ Biometric Information Privacy Act (BIPA) increased to a potentially crippling amount.
BIPA Ahead: A New Ruling Introduces a Staggering Depth Beneath the Tip of the BIPA Iceberg
On February 17, 2023, the exposure risk of a company found to be violating Illinois’ Biometric Information Privacy Act (BIPA) increased to a potentially crippling amount.
Game of Phones: Revisiting the Autodialer
We’ve been closely watching the evolution of telemarketing laws since the Supreme Court’s 2021 decision in Facebook v. Duguid, which held that most modern dialing systems are not autodialers—or “automated telephone dialing systems” under the Telephone Consumer Protection Act (TCPA). The Facebook decision led to a flurry of legislative activity at both the state and federal levels.
Oklahoma's New Restrictive Telemarketing Law: Could Other States Be Next?
In the wake of the Supreme Court’s 2021 decision in Facebook v. Duguid—which held that most smartphones and similar modern technology do not qualify as “automated telephone dialing systems,” under the Telephone Consumer Privacy Act (TCPA)—there has been a spike in state legislative activity aimed at strengthening local telemarketing laws. Florida’s Telephone Solicitation Act (FTSA) became the first state telemarketing law of its kind on July 1, 2021.
First-Ever BIPA Trial - Jury Awards Staggering $228M in Damages
Illinois continues to be a hotbed of privacy litigation, in large part due to Illinois’s landmark Biometric Information Privacy Act (BIPA), which was enacted in 2008. Despite the flood of cases in the wake of Rosenbach v. Six Flags Ent. Corp., 2019 IL 123186, 129 N.E.3d 1197 (Ill. 2019), this is only the first BIPA class action lawsuit to proceed to trial. On October 12, 2022, in Richard Rogers v.
Newly-Proposed TCPA Amendment Could Lead to Expansive Coverage
Last week, a group of U.S. House of Representatives Democrats introduced the RoboText Scam Prevention Act (“RSPA”). If passed, the bill would amend the Telephone Consumer Protection Act (“TCPA”). As predicted in the wake of the Supreme Court’s decision in Facebook v.
Recent Activity from the California Privacy Protection Agency
At a meeting of the California Privacy Protection Agency (“CPPA”) on June 8, we learned additional information about the initial batch of proposed regulations (“Proposed Regulations”) to the California Privacy Rights Act (“CPRA”) that were published on May 27. The Proposed Regulations keep much of the pre-existing California Consumer Privacy Act (“CCPA”) regulations but modify and add some key provisions.
Illinois Supreme Court Finds Illinois Biometric Information Privacy Act Not Preempted By State Workers’ Compensation Law
In a unanimous decision issued on February 3, 2022, the Illinois Supreme Court held in McDonald v. Symphony Bronzeville Park that the Illinois State Workers’ Compensation Act (“WCA”) did not bar claims under the Illinois’ Biometric Information Privacy Act (“BIPA”). In doing so, the court eliminated one significant defense commonly raised in such cases, since many BIPA class actions are brought in the context of employment (many of which were stayed pending the decision in McDonald).
The TCPA, State Analogues, and the Future of Telemarketing Litigation
It has been eight months since the Supreme Court of the United States decided, in Facebook v. Duguid, that the federal Telephone Consumer Protection Act’s (TCPA) outdated definition of an automated telephone dialing system (ATDS or autodialer) did not cover devices—like most modern phones—which can store numbers that are not randomized. This decision resolved a long-standing circuit split over how to interpret the TCPA, but it has not led to the clarity that many companies desired.
State Department Makes Cybersecurity a Priority
Recognizing the persistent and increasingly sophisticated nature of cyber incidents threatening the safety and security of the U.S., the Biden administration is launching a new bureau focused on cybersecurity and digital policy. On October 27, 2021, Secretary of State Antony Blinken formally announced a plan to establish a Bureau of Cyberspace and Digital Policy, which includes appointing a special envoy to address critical and emerging technologies.
[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT | JD Supra
June 22nd, 2021 12:00 PM - 1:00 PM EDT As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers instituted during the crisis are likely to expire soon. As lawmakers and agency officials consider updated or expanded digital health rules, regulators are expected to intensify their scrutiny of providers.
Supreme Court Resolves Circuit Split on "Autodialer" Definition, Narrowing TCPA Applicability | JD Supra
On April 1, 2021, the Supreme Court answered a question that has been at the heart of the recent wave of class-action litigation under the Telephone Consumer Protection Act of 1991 (TCPA) in its long-awaited ruling in Facebook, Inc. v. Duguid.
Brazil's LGPD Takes Effect—With Early Enforcement | JD Supra
Brazil represents over half of all IT spend in Latin America, has the largest regional market for software outsourcing, employs a sizable IT workforce, manufactures consumer goods (including commercial airplanes and cars) and has an active consumer market of social media operated by global data aggregators. At a time when data privacy is becoming increasingly important to consumers, it seems only fitting that Brazil would adopt comprehensive privacy legislation to protect data privacy rights.
COVID-19 Causing A Surge In E-Commerce—Is Your Website Accessible? - Coronavirus (COVID-19) - United States
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Third Time's the Charm? California AG Proposes Another Round of Modifications to CCPA Regulations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Take 2: California Attorney General Issues Proposed Modifications to CCPA Regulations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Special Report - 2019 Hospital and Health Systems Year in Review | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Biometric Privacy Update – Actual Harm Not Required | JD Supra
Overview Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed because courts routinely dismissed such actions for failing to allege proof of actual damages or actual injury.
California Enacts a Groundbreaking New Privacy Law
California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their personal information.
California Enacts a Groundbreaking New Privacy Law | JD Supra
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Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking | JD Supra
On March 16, 2018, the United States Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the Federal Communications Commission’s (FCC’s) interpretation of the Telephone Consumer Protection Act (TCPA). The court struck down two key portions of the FCC’s 2015 Declaratory Ruling and Order as arbitrary and capricious, while rejecting challenges to other portions of the 2015 Order.
Does GDPR Regulate My Research Studies in the United States?
The General Data Protection Regulation (GDPR), which establishes protections for the privacy and security of personal data (Personal Data) about individuals in the European Union (EU) single market countries, becomes effective May 25, 2018.
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