On June 18, 2023, the Biden-Harris administration announced the launch of a new “U.S. Cyber Trust Mark” program (hereinafter the “Program”). First proposed by Federal Communication Commission (“FCC”) Chairwoman Jessica Rosenworcel, the Program aims to increase transparency and competition across the smart devices sector and to assist consumers in making informed decisions about the security of the devices they purchase.
Impacts of the National Cybersecurity Strategy on Government and Private Sector Collaboration
On March 2, 2023, the Biden-Harris Administration released the National Cybersecurity Strategy.[i] The highly anticipated Strategy has illuminated that a more overt and aggressive approach to mitigating cyber risks may be necessary to drive real change, leading to the anticipation of increased communication and partnerships between private companies and government agencies.[ii] The
Biden Administration Releases Comprehensive National Cybersecurity Strategy
On March 2, 2023, the Biden Administration released the 35-page National Cybersecurity Strategy (the “Strategy”) with a goal “to secure the full benefits of a safe and secure digital ecosystem for all Americans.”
Summary and Analysis
The Strategy highlights the government’s commitment to investing in cybersecurity research and new technologies to protect the nation’s security
BIPA Claims Uniformly Have a 5-Year Statute of Limitations
Key Takeaways
- A Potential Increase in Claims, Costs, and Damages
- Reduce Liability Through Transparency
On February 2, 2023, the Illinois Supreme Court ruled that all Biometric Information Privacy Act (“BIPA”) claims are uniformly subject to a five-year statute of limitations, expanding liability for businesses collecting biometric information.[1] In Tims v. Black Horse Carriers, Inc.
$1.2 Million CCPA Settlement with Sephora Focuses on Sale of Personal Information and Global Privacy Controls
On August 24, 2022, the California Attorney General’s Office announced a settlement with Sephora, Inc. (Sephora), a French multinational personal care and beauty products retailer. The settlement resolved Sephora’s alleged violations of the California Consumer Privacy Act (CCPA) for allegedly failing to: disclose to consumers that the company was selling their personal information, process user
A Statute of Limitations for BIPA Claims? We May be One Step Closer
Illinois’ Biometric Information Privacy Act (“BIPA”) regulates companies that obtain, use, store, sell, and disclose the biometric data of Illinois residents. Companies that fall under BIPA must provide notice to and receive consent from Illinois residents before obtaining their biometric data, and must take reasonable care that the biometric data remains secure. In addition, BIPA includes a private right of action, and if a regulated company fails to comply with its provisions, statutory damages can be as high as $5,000 for each violation. BIPA litigation is active in Illinois State Court and in Federal Courts across the United States.
A sticking point for litigants has been the statute of limitations for a party to bring a BIPA claim. BIPA does not include its own statute of limitations. Generally speaking, plaintiffs have argued that a longer limitations period applies, such as the five-year limitations period under section 13-205 of Illinois’ Code of Civil Procedure. And generally speaking, defendants have argued that a shorter limitations period applies, like the one-year period under section 13-201 of the Code of Civil Procedure.
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