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Articles Posted in Privacy

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Biometric Identifiers and Businesses in the Big Apple

Fingerprints. Retinas. Facial symmetry itself. We frequently address the problems raised as new technology brings new privacy concerns for customers and businesses alike. In “Check Your Policies for Privacy Claim Coverage: New York City’s New Biometrics Law Is Now in Effect,” Sandra Kaczmarczyk examines New York City’s recent statute that…

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Biometrics Identifiers, BIPA and the Illinois Supreme Court

As the use of biometric information such as fingerprints, iris scans, facial scans, and voice prints becomes more and more common, so, too, have the number of lawsuits brought for the unauthorized use of private information and for the violation of privacy laws—including class action lawsuits. In “The Duty to…

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SCOTUS Keeps It Practical in Honing the Definition of an Autodialer under the TCPA

On April 1, 2021, the U.S. Supreme Court resolved a long standing issue plaguing providers of text message services and the companies engaging in text message marketing. Lower courts have been split in defining what constitutes an “automatic telephone dialing system” or auto-dialer with the definition either limited to equipment…

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California Sheds Light on Consumer Privacy Dark Patterns

On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information. Online businesses that sell the personal information of consumers must exhibit a “Do Not Sell My Personal…

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Privacy, Publicity and Copyright: The Risks of Using Candid Photography in Your Business

Your company wants to use a picture taken outside of your office at an event you are hosting or sponsoring. Perhaps the image shows someone wearing your clothing or other product or using something showing your brand. Possibly you participated in a parade and want some images showing your company’s…

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Why the CPRA Is a Step Forward for Privacy but a Step Backwards for Blockchain

Building upon the California Consumer Privacy Act (CCPA), on November 3, 2020, Californians voted to approve Proposition 24: the California Privacy Rights Act (CPRA). The CPRA does not replace the CCPA but rather adds to and modifies the language of the CCPA to strengthen consumer privacy rights and perhaps, in…

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Protecting Elections: Regulating Deepfakes in Politics

The 2020 election will be unprecedented in many respects. More people will be voting by mail, and there will likely be more democratic participation online than ever before. Internet platforms and communication services will become more influential forums as people are restricted from in-person conventions and debates. But even before…

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A Drone’s Eye View of Rights and Legal Remedies

Have you ever been startled by the buzzing sound of a passing swarm of angry mechanical bees as you work from home? Have you ever looked out your window and noticed an agile device zipping through your property? If so, drones might be aversely affecting your lifestyle. These little devices…

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Artificial Intelligence, COVID-19 and the Tension between Privacy and Security

As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and predicting outbreaks. In fact, by some measures the technology has proven to be a step ahead of humans in tracking the…