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76 Bus. Law. 269 (2020-2021)
Recent Developments in Privacy Law

handle is hein.journals/busl76 and id is 284 raw text is: Recent Developments in Privacy Law By Meg Strickler* I. INTRODUCTION Privacy and data security remain top concerns for companies and their counsel as the vast privacy law landscape is constantly evolving with new trends, laws, and emerging issues. This year's update addresses significant legal developments in privacy and data security: private litigation, record-breaking class action settlements, and federal regulation and enforcement actions. Part II discusses data misuse cases brought using a patchwork of laws in the absence of clear stat- utory guidance. Part III provides an update on biometric privacy, specifically dis- cussing litigation under the Illinois Biometric Information Privacy Act. Cy pres settlements are covered in Part IV. Lastly, in Part V, this essay delves into federal enforcement actions. II. DATA MISUSE LITIGATION In the past year, plaintiffs filed suits using a mix of federal statutes, state wire- tap laws, and common law tort doctrines. A. FACEBOOK USER PROFILE LITIGATION In re Facebook, Inc. Consumer Privacy User Profile Litigation,2 which stems from the Cambridge Analytica scandal, consolidated several proposed class actions against Facebook in the federal district court for the Northern District of Califor- nia.3 Plaintiffs principally alleged that Facebook shared sensitive personal infor- mation of its users with various third parties and failed to prevent those same third parties from selling or misusing the data.4 Facebook filed a motion to dis- miss the lawsuit, which the district court granted in part and denied in part Plaintiffs alleged a multitude of claims; the court's decision focused on what * Co-Chair of the Government and Public Interest Committee, ABA International Law Section. Partner, Conaway & Strickler, PC. The author gratefully acknowledges the contributions of Jenna Corcoran JD, MSc to this article. 1. This essay does not address the impact of the COVID-19 pandemic on privacy law. 2. 402 F. Supp. 3d 767 (N.D. Cal. 2019). 3. Id. at 778. 4. Id. at 776. 5. Id. at 776-77. 269

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