On a unanimous vote, the California Senate supported legislation that amends the California Invasion of Privacy Act (CIPA) on Tuesday, moving it one step closer to potential passage. SB-690, sponsored by Sen. Anna Caballero (D), would eliminate wiretapping, pen register and trap-and-trace liabilities from online tracking technologies used for business under CIPA.
Privacy Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching the title or clicking on the hyperlinked reference number.
A federal court’s decision to consolidate more than 2,400 individual arbitration claims into a single class-action complaint against a clothing retailer for its use of pixel-tracking technologies highlights two litigation trends: leveraging old laws for new technologies and the common practice of individuals with the same counsel filing identical arbitration claims and demands, said a privacy lawyer at Robinson+Cole.
A case about a health-tracking app that allegedly unlawfully shared sensitive health information with third parties without user consent could preview how courts will address data privacy and user consent issues, Fisher Phillips lawyers said in a blog post Friday. Case 21-00757, Frasco v. Flo Health, Inc., alleges that the reproductive tracker app Flo transmitted personal information without user consent to third parties for commercial purposes, in violation of several California laws.
A bill aimed at amending the California Invasion of Privacy Act (CIPA) may decrease the number of lawsuits if it's passed, but plaintiffs’ attorneys could simply find other avenues to bring claims, privacy lawyers who often represent defendants in such cases said.
Privacy Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching the title or clicking on the hyperlinked reference number.
California appropriators greenlit a plethora of privacy bills at Friday meetings. Assembly and Senate panels ticked through a laundry list of “suspense file” bills, including on age assurance, automated decisions, reproductive health, workplace surveillance and revisions of the California Invasion of Privacy Act (CIPA). The approved bills could get floor votes next.
Implementing cookie banners is no longer one-size-fits-all and should be tailored to applicable state laws, said a panelist during the Privacy + Security Forum spring academy on Wednesday.
A disconnect exists between legislatures, the privacy laws they create and the litigation that results from them, said panelists during a Federal Communications Bar Association (FCBA) event on privacy litigation trends Thursday. Instead, this ecosystem results in great confusion, prompting a rise in privacy law-related cases, they said.
As the litigation landscape continues shifting under privacy laws, “search bars have quietly become a Trojan horse in online data collection,” said lawyers Vivian Isaboke and Anthony Isola from Fisher Phillips in a blog Friday.