Data Privacy

Likely spurred by plaintiffs’ recent successes in cases under Illinois’s Biometric Information Privacy Act (“BIPA”), a new wave of class actions is emerging under Illinois’s Genetic Information Privacy Act (“GIPA”). While BIPA regulates the collection, use, and disclosure of biometric data, GIPA regulates that of genetic testing information. Each has a private right of action and provides for significant statutory damages, even potentially where plaintiffs allege a violation of the rule without actual damages.[1] From its 1998 enactment until last year, there were few GIPA cases, and they were largely focused on claims related to genetic testing companies.[2] More recently, plaintiffs have brought dozens of cases against employers alleging GIPA violations based on allegations of employers requesting family medical history through pre-employment physical exams. This article explores GIPA’s background, the current landscape and key issues, and considerations for employers.Continue Reading Employers Beware: New Wave of Illinois Genetic Information Privacy Act Litigation

Last month, the Maryland legislature passed the Maryland Online Data Privacy Act (“MODPA”). Pending Governor’s signature, Maryland will become the latest state to enact comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, Delaware, New Jersey, New Hampshire, Kentucky, and Nebraska.

MODPA contains unique provisions that will require careful analysis to ensure compliance, including: data minimization requirements; restrictions on the collection, sale, or transfer of sensitive data; and consumer health data-related obligations.  These unique provisions have the potential to create additional work streams even for companies who have come into compliance for existing state laws.  This blog post summarizes the statute’s key takeaways.Continue Reading The Maryland Online Data Privacy Act Set to Reshape the State Privacy Legislation Landscape with Stringent Requirements

On April 3, at the International Association of Privacy Professionals’ global privacy conference, California Privacy Protection Agency (“CPPA”) Executive Director Ashkan Soltani gave remarks on his agency’s priorities with respect to rulemaking and administrative enforcement of the California Consumer Privacy Act (“CCPA”).  Below we provide a few key takeaways:Continue Reading CPPA Executive Director Remarks on Policy and Enforcement Priorities

Senator Bill Cassidy (R-LA), the Ranking Member of the U.S. Senate Health, Education, Labor, and Pensions (“HELP”) Committee, published on February 21, 2024, a white paper with various proposals to update privacy protections for health data. In Part 1 of this blog series (see here), we discussed the first section of Senator Cassidy’s February 21, 2024, white paper. Specifically, we summarized Senator Cassidy’s proposals on how to update the existing framework of the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations (collectively, “HIPAA”) without disrupting decades of case law and precedent. In this blog post, we discuss the other sections of the white paper, namely proposals to protect other sources of health data not currently covered by HIPAA.Continue Reading Senator Cassidy Issues White Paper with Proposals to Update Health Data Privacy Framework – Part 2: Safeguarding Health Data Not Covered by HIPAA 

On February 21, 2024, Senator Bill Cassidy (R-LA), the Ranking Member of the U.S. Senate Health, Education, Labor, and Pensions (“HELP”) Committee, issued a white paper, “Strengthening Health Data Privacy for Americans: Addressing the Challenges of the Modern Era”, which proposes several updates to the privacy protections for health data. This follows Senator Cassidy’s September 2023 request for information from stakeholders about how to enhance health data privacy protections covered by the Health Insurance Portability and Accountability Act (“HIPAA”) framework and to consider privacy protections for other sources of health data not currently covered by HIPAA. The white paper notes that several entities, including trade associations, hospitals, health technology companies, and think tanks, responded to the RFI.Continue Reading Senator Cassidy Issues White Paper with Proposals to Update Health Data Privacy Framework – Part 1: Updates to the HIPAA Framework

On 29 March 2023, the UK Government published a White Paper entitled “A pro-innovation approach to AI regulation” (“White Paper”). The White Paper elaborates on the approach to AI set out by the Government in its 2022 AI Governance and Regulation Policy Statement (“Policy Statement” – covered in our blog post here). This announcement comes following the Government’s commitments, in the Spring Budget 2023, to build an expert taskforce to develop the UK’s capabilities in AI foundation models and produce guidance on the relationship between intellectual property law and generative AI (for more details of these initiatives, see here).

In its White Paper, the UK Government confirms that, unlike the EU, it does not plan to adopt new legislation to regulate AI, nor will it create a new regulator for AI (for further details on the EU’s proposed AI regulation see our blog posts here and here). Instead, the UK would require existing regulators, including the UK Information Commissioner’s Office (“ICO”), to take responsibility for the establishment, promotion, and oversight of responsible AI in their respective sectors. Regulators’ activities would be reinforced by the establishment of new support and oversight functions within central Government. This approach is already beginning to play out in certain regulated areas in the UK. For example, in October 2022, the Bank of England and Financial Conduct Authority (“FCA”) jointly released a Discussion Paper on Artificial Intelligence and Machine Learning considering how AI in financial services should be regulated and, in March 2023, the ICO updated its Guidance on AI and Data Protection.  Continue Reading UK Government Adopts a “Pro-Innovation” Approach to AI Regulation

On March 26, 2023, Virginia enacted a genetic privacy law (SB 1087) aimed at regulating the practices of direct-to-consumer (“DTC”) genetic testing companies.  Virginia is not the only state interested in regulating these companies—numerous other states, including Minnesota, Texas, Tennessee, and Vermont, have introduced similar bills during this legislative session, following the enactment of similar genetic privacy laws in Arizona, California, and Utah in recent years.  Virginia’s SB 1087, effective July 1, 2023, adds to the growing net of state genetic privacy protections.Continue Reading Virginia Enacts Direct-to-Consumer Genetic Privacy Law as Numerous Other States Introduce Similar Bills

On Episode 19 of Covington’s Inside Privacy Audiocast, Dan Cooper and and Yan Luo discuss the key provisions of China’s draft SCCs, compare the draft legislation with the GDPR, and talk through actions that companies should be considering in order to comply with the new cross-border data requirements.

This audiocast episode is repurposed from a