In the wake of passage of various state data privacy laws, the plaintiff’s bar has seen a drastic uptick in suits brought under several older, and seemingly unrelated, laws seeking to enforce consumer data privacy rights in new contexts. In some cases, these laws were passed for very different purposes than for which they are now being applied. In this panel, we will take a look at three such laws—the Electronics Communication Privacy Act (of 1986), the Video Privacy Protection Act (of 1988), and Illinois Biometric Information Privacy Act (of 2008)—and how modern plaintiffs have been applying these laws to modern data collection and data use practices. We will also discuss how companies can avoid liability under these reimagined applications, and which best practices can help to avoid this new wave of privacy litigation.
Samir Bhavsar, Partner, BakerBotts