In a recent Daily Journal article, Baker McKenzie partner Lothar Determann commented on state and federal rulings narrowing the reach of the California Invasion of Privacy Act (CIPA) in online data collection cases. While recent decisions have limited certain CIPA theories against website operators and technology companies, Lothar notes that courts remain divided and privacy litigation is likely to continue.
Lothar said some courts appear “uncomfortable” with the volume of CIPA lawsuits, but cautioned that “it's difficult to say that there are trends.” He added that uncertainty may continue until more cases reach summary judgment, trial or appellate review.
The article notes that appellate guidance or legislative action may be needed before the wave of CIPA lawsuits subsides. “Until businesses really reach a breaking point, this will continue for a while,” Lothar commented.
Lothar and colleagues on Baker McKenzie's California Privacy Law team, including Justine Phillips, Nancy Sims, Jonathan Tam, Dale Bish, and Ed Totino, regularly represent clients regarding lawsuits, arbitration claims, investigations by authorities, and other privacy related disputes, and advise companies to reduce risk by clearly notifying users of data collection practices, limiting collection to necessary information and deleting old data.
Read the full article in the Daily Journal here.