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Ashley Jackson is an associate on Dykema’s privacy and data security team. Ms. Jackson is a certified information privacy professional who advises domestic and international clients on issues of breach response, litigation, employee training, risk assessment and management, policies and procedures, table top exercises related to cybersecurity and data privacy. Ms. Jackson is proficient in both U.S. and international privacy laws, including Europe’s General Data Protection Regulation (GDPR).

This blog post is the second in a series of Q&A posts following Dykema’s February 27, 2019 webinar on the California Consumer Privacy Act (“CCPA”).  We received questions both before and during the webinar, and over the coming weeks we will be posting our responses. We will answer the most commonly-asked questions first, so please stay tuned if you don’t see your question in our first few posts. And, of course, please feel free to reach out to us if you have a unique question or would like to discuss in detail how the CCPA may apply to you.

You may see our first post here.

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This blog post is the first in a series of Q&A posts following Dykema’s February 27, 2019 webinar on the California Consumer Privacy Act (“CCPA”). We received questions both before and during the webinar, and over the coming weeks we will be posting our responses. We will answer the most commonly-asked questions first, so please stay tuned if you don’t see your question in the first one or two posts. And, of course, please feel free to reach out to us if you have a unique question or would like to discuss in detail how the CCPA may apply to you.

Thanks for reading! 
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Last Friday, the Illinois Supreme Court delivered the highly anticipated Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, opinion. Businesses and consumers alike watched for the Court’s opinion regarding whether mere technical violations of the Illinois Biometric Information Privacy Act (“BIPA”) gave plaintiffs the requisite standing to seek damages under the statute. The Court heard the case after the Second District Appellate Court of Illinois ruled that an individual was not a “person aggrieved” by a technical violation and several other courts, both state and federal were split over the issue.  Rosenbach v. Six Flags Entertainment, 2017 IL App (2d) 170317.  In a fairly short opinion, focusing on statutory construction and the common meaning of the word “aggrieved,” the Illinois Supreme Court reversed the Appellate Court.  2019 IL 123186, ¶ 1. The Illinois Supreme Court held that an individual was in fact an “aggrieved person” under the statute where they are unable to show actual damage, but there has been a violation of the statute. The Court held, where there is no actual harm, the individual is entitled to statutory relief for each violation. In short, a technical violation is a violation.  The Illinois Supreme Court took a strong stance in that individuals should not have to wait for actual harm with respect to their biometric information and that businesses would lack the requisite motivation to comply with statutes like BIPA without such an interpretation. 
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Over the last several years, the emphasis on privacy and data protection has grown significantly. With the amount of data collected by companies and technology skyrocketing, the need to protect personal information has been at the forefront of states’ legislative agendas. While all 50 states now have breach notification statutes, states are now taking a closer look at issues such as tracking online behavior and the use of biometric data. What used to be futuristic props in sci-fi media, face and fingerprint scanners, are now part of everyday life and consumer transactions. Despite the increase in the use of biometric data, only three states, Washington, Texas and Illinois have passed legislation addressing biometric data.
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While U.S. companies focused on the imposition of burdensome data protection laws being implemented overseas, California was hard at work on revamping its own laws. As of June 25, 2018, the home of big technology, Silicon Valley, Facebook, and Google, was prepared to consider the California Consumer Personal Information Disclosure and Sale Initiative (“Initiative”) on the November 2018 ballot. The Initiative sought to enact a version of the California Consumer Privacy Act of 2018, requiring businesses to disclose, on a consumer’s demand, the personal information a business collects, the purpose for which it is used, and to whom it is sold or shared with. The Act also allows individuals to restrict the sharing of their information. Finally, the Act provides a simple path to recovery for violations. Although companies like Facebook and Google dropped their opposition to the Initiative, concerns remained among the business community, so California lawmakers stepped in.
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In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands. The DPL divides data into two categories, personal data and sensitive data. Certain information is exempt from the application of the DPL, such as data processed in connection with a corporate finance service.[1] The DPL gives individuals the right to access their information, object to processing, and the right to request their information be corrected or erased.


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Chicago based  attorneys Cinthia Granados Motley and Ashley Jackson were published on Law360 February 7, 2017. The article, “10 Ways To Avoid Wrongful Collection Of Data Claims,” discusses tips by using the who, what, where, when and why of consumers to help answer the most asked questions.