Another Data Privacy Law? Colorado Enacts the Colorado Privacy ActColorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the California Consumer Privacy Act (CCPA), the California Privacy Rights Enforcement Act (CPRA), and the Virginia Consumer Data Protection Act (VCDPA), as

Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach CasesWhile more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional standing requirements. Previous to McMorris v. Carlos Lopez, McMorris v. Carlos Lopez & Assocs., LLC, many have argued there was a circuit

Florida Legislature Considers Sweeping Data-Privacy Legislation Supported by GovernorFlorida has joined the wave of states considering new comprehensive data privacy legislation. On February 15, 2021, Rep. Fiona McFarland introduced HB 969, modeled after the California Consumer Privacy Act (CCPA). The bill is supported by Gov. Ron DeSantis and the speaker of the Florida House. As introduced, HB 969 would apply to for-profit businesses

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet AllowedIn November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that plaintiffs failed to state a claim under Federal Rule of Civil Procedure 12(b)(6), while Envestnet argued that its status as the parent

A Second Chance for the Public Health Emergency Privacy ActThis is the seventh alert in a series of Bradley installments on privacy and cybersecurity developments arising from the COVID-19 pandemic. Click to read the first, second, third, fourth, fifth, and sixth installments.

Sen. Mark Warner (D-Va.) has re-introduced a bill to create the Public Health Emergency Privacy Act (PHEPA).

Biometric Privacy Law Expansions and Private Rights of ActionThe days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to make payments by using voice command and fingerprint recognition.

In 2008, Illinois became the first state

The Man Behind the Curtain: College Admissions and FERPA RequestsAspiring college students spend enormous amounts of time trying to unlock the magic formula that leads to those magic words: Congratulations, you’ve been accepted! But, for many students, the focus on admissions does not stop once they matriculate.

Starting in 2015, schools such as Harvard, Yale, Penn, and Stanford saw a dramatic uptick in students

Privacy Moves to the East Coast: Virginia Set to Enact Comprehensive Consumer Data Protection LawVirginia is primed to become the next U.S. state to pass comprehensive data-privacy legislation with striking similarities to the California Consumers Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the E.U.’s General Data Protection Regulation (GDPR).

The legislation, known as the Consumer Data Protection Act, passed the Virginia House of Delegates on January

Privacy Litigation Updates for the Financial Services Sector: Yodlee and Envestnet Sued for Data Disclosure and Processing PracticesConsumers are more aware than ever of data privacy and security issues. As technology develops, vast quantities of data are collected on individuals every minute of every day. Customers trust their institutions to keep the troves of financial data on them private and secure.

Wesch v. Yodlee, Inc. and Envestnet, Inc.

A recent class action

Massachusetts Voters Approve Measure for Expanded Access to Vehicle DataIn a roller coaster of an election week, it was easy for smaller ballot measures to become overshadowed. One ballot measure that you may have missed is Massachusetts’s Ballot Question 1 regarding the “right to repair” motor vehicles. The ballot measure expands access to a driver’s motor vehicle data. Vehicles are increasingly becoming more computerized