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Liability under California’s Invasion of Privacy Act (CIPA) expanded by California Supreme Court decision
Earlier this year, in Smith v. LoanMe, Inc., a case interpreting California Penal Code section 632.7, the California Supreme Court held that cellular or cordless phone conversations cannot be recorded by either nonparties or parties to the call without consent. LoanMe overturned a California Court of Appeal’s ruling that consent is required only if nonparties, and not the parties to the call, recorded the conversation.
On September 24, 2021, a federal court in North Carolina ruled that CGL insurers had no duty to defend the insured under North Carolina law for an Illinois Biometric Information Privacy Act (BIPA) class action claim.
The Securities and Exchange Commission (SEC) has ramped up its cybersecurity enforcement, filing several administrative orders and signaling increased scrutiny of both cyber-related disclosures and compliance with the Safeguards Rule.
It’s finally here. On 20 August 2021, the People’s Republic of China enacted the Personal Information Protection Law. The law is comprehensive, comprising 74 articles in eight separate chapters. Like the EU’s General Data Protection Regulation, it is now the fundamental regulatory regime for personal information in its jurisdiction. It becomes effective on 1 November 2021, a little under two months away.
Over the past few months, five states – Connecticut, Mississippi, Nevada, and Texas – have enacted changes to their breach notification laws. We provide a brief overview of the changes.
Shipbuilding was once the art of transforming hundreds of hectares of oak forests into hulls. Master carpentry moved to iron and then steel hulls, and now we are on the cusp of the next shipbuilding revolution, where autonomous, 3D-printed, graphene-made, LNG-powered vessels will be built by specialized suppliers with white-coats and augmented reality smart-glasses.
At the beginning of February, Singapore became the latest Asian jurisdiction to introduce mandatory data breach notification rules. The new rules were enacted as amendments to Singapore’s Personal Data Protection Act 2012 (“PDPA”), which has been in effect for more than six years.
Do you use your thumbprint or face to access your smart phone? Those are examples of biometric technology which can quickly and accurately identify individual people. As new technology is created to ensure security, recognize people, or prevent fraud, the use of biometric identifiers is becoming more commonplace. Certain lawmakers, however, have growing concerns that the personal and powerful nature of biometric information warrants regulation.
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.