Balough
February 21, 2023
(February 21, 2023) Entities that collect, store, or share biometric information without obtaining the person’s written permission in Illinois may be liable for damages for each scan or transmission of the individual’s information under a ruling by the Illinois Supreme Court. Under the Biometric Information Privacy Act (“BIPA”), no private entity may collect, capture, receive, […]
Balough
February 7, 2023
(February 7, 2023) Persons who believe their biometric information was wrongly collected or retained have five years to assert a claim under the Biometric Information Privacy Act (“BIPA”), the Illinois Supreme Court found. The court found that, while unlawfully collecting or retaining biometric information may violate a person’s privacy, which normally would have a one-year […]
Balough
January 19, 2022
(January 19, 2022) Illinois is the first state limiting law enforcement’s ability to collect household electronic data from doorbell cameras, security cameras, smart appliances, and virtual assistants through a third party. The Protecting Household Privacy Act (“PHPA”), effective January 1, 2022, marks the second time that Illinois has taken the lead in protecting privacy and […]
Balough
February 27, 2020
(February 27, 2020) Think your cell phone is safe from prying eyes when it is safely in your home? You may want to rethink that conclusion. According to a new research report, half of those responding to a survey said they looked through their partner’s cell phone. Of the respondents, 60 percent thought this snooping […]
Balough
August 15, 2019
(August 15, 2019) Can a QR code be too revealing and invade a person’s privacy? If it contains the account number of a consumer and it appears on a debt collection envelope, then it may be an illegal invasion of privacy. The Third Circuit affirmed a trial court’s finding that if a debt collector puts […]
Balough
August 9, 2019
(August 9, 2019) A class settlement with Google Inc. that would pay a couple million dollars to class counsel and a small contribution to privacy organizations was rejected by the Third Circuit Court of Appeals. “The vista view of this case is not pretty,” the court said in its opinion sending the case back to […]
Balough
June 20, 2019
(June 20, 2019) A challenge by Southwest and United employees, under the Illinois Biometric Information Privacy Act (“BIPA”), to the requirement that they sign in using their fingerprints must be heard by an administrative agency, not the courts, the Seventh Circuit declared. The appellate court said it was up to the National Railway Adjustment Board […]
Balough
February 3, 2019
(February 3, 2019) Forcing all persons present when a search warrant is executed to unlock their electronic devices using their biometric features violates the Fourth and Fifth Amendments, a U.S. District Court in California found. The governmental agency seeking the warrant was not revealed in the order. The search warrant application was for a residence […]
Balough
May 3, 2018
(May 3, 2018) Cheryl Dancey Balough discussed “Global Privacy and Cybersecurity Challenges and Compliance Strategies” with corporate compliance attorneys at PLI’s 2018 Compliance & Ethics Essentials program. With the May 25, 2018 deadline fast approaching for compliance with the EU General Data Protection Regulation (GDPR), Ms. Balough identified who is impacted by the new regulation, […]
Balough
November 29, 2017
(November 29, 2017) It’s not a violation of the Video Privacy Protection Act (“VPPA”) for a video service provider to send to a third party vendor the serial number of a video device and identify the video being watched by a viewer of a digital streaming channel—even if the third party vendor can then link […]
