Are You Collecting Biometric Data? An update on state laws, litigation, and FTC enforcement

Eric Berman
Jennifer Quinn-Barabanov
Shannon Reid
Eric Berman | Steptoe LLP
Jennifer Quinn-Barabanov | Steptoe LLP
Shannon Reid | Steptoe LLP
On-Demand: June 18, 2024
Are You Collecting Biometric Data? An update on state laws, litigation, and FTC enforcement

$195.00 1.5 hour CLE

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Program Summary

As businesses increasingly collect consumers’ biometric information, they face a wave of new and emerging state privacy laws geared toward protecting such sensitive data. With the recent enactment of Washington’s My Health My Data Act (“MHMDA”), there are now two state laws providing a private right of action for biometric data privacy claims (the other being Illinois’ Biometric Information Privacy Act, or “BIPA”). Other states have passed biometric-related laws (and yet more are on the way), and the Federal Trade Commission is scrutinizing companies’ collection and use of biometric information more closely. Businesses that collect biometric data face a rapidly-evolving patchwork of private lawsuits, state attorney general actions, and FTC enforcement.

This program will explain where we are, and where we’re going

Key topics to be discussed:

  • Understanding Washington’s MHMDA, including the breadth of data that it protects and the penalties covered businesses are subject to
  • Comparison with other enacted and proposed state biometric privacy laws – BIPA (IL), CUBI (TX), HB1130 (CO), H. 121 (VT)
  • Federal oversight: FTC actions and Congress’s proposed federal biometric data legislation – American Privacy Rights Act (ARPA)
  • Recent lawsuits involving biometric data

Closed-captioning available

Speakers

Eric Berman_myLawCLEEric Berman | Steptoe LLP

Eric Berman represents clients in high-stakes government investigations, commercial litigation, and regulatory proceedings involving the Federal Trade Commission (FTC), state attorneys general, and the US Department of Justice (DOJ). Eric is a seasoned advocate before state and federal government regulators, and a litigator with experience in state trial courts, federal district courts, and the US Court of Appeals. His practice encompasses broad consumer protection matters such as advertising, marketing, and privacy, and also includes nonprofit, postal, and antitrust issues.

The 2023 edition of Legal500 recognized Eric for his FTC investigations expertise, w th clients commending him as, among other things, “a rock” who “stands out due to his extensive knowledge and market leading insights,” and as someone who “can be relied on in a difficult and challenging case.”

 

Jennifer Quinn-Barabanov_myLawCLEJennifer Quinn-Barabanov | Steptoe LLP

Jennifer Quinn-Barabanov is the co-leader of Steptoe’s Commercial Litigation practice. She focuses on high-stakes, high-profile commercial and class action disputes. Jennifer is well-versed on class certification issues and has successfully defended companies in the technology, consumer products, retail, energy and education industries, among others. Jennifer has defeated numerous proposed class actions, including several after lengthy evidentiary certification hearings. Jennifer has particular experience with statutory damage privacy-related class actions, including those brought under Illinois’ Biometric Information Privacy Act (BIPA) and the federal Video Privacy Protection Act (VPPA).

In recent years, Jennifer has been recognized for her commercial litigation and class action skills by several ranking organizations including the Legal 500.

 

Shannon Reid_myLawCLEShannon Reid | Steptoe LLP

Shannon Reid’s practice includes complex commercial litigation, data privacy, and higher education matters. She also has extensive experience in labor and employment litigation, including discrimination, retaliation, harassment, and FLSA single-plaintiff and class action litigation in administrative, state, and federal courts.

Shannon advises both for-profit and not-for-profit clients on compliance with various data privacy and cybersecurity laws, including but not limited to, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and the Illinois Biometric Information Privacy Act (BIPA).

Agenda

I. Understanding Washington’s MHMDA, including the breadth of data that it protects and the penalties covered businesses are subject to | 2:00pm – 2:30pm

II. Comparison with other enacted and proposed state biometric privacy laws – BIPA (IL), CUBI (TX), HB1130 (CO), H. 121 (VT) | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Federal oversight: FTC actions and Congress’s proposed federal biometric data legislation – American Privacy Rights Act (ARPA) | 3:10pm – 3:25pm

IV. Recent lawsuits involving biometric data | 3:25pm – 3:40pm