AGG Compliance News Flash - February 6, 2020

U.S. Citizenship and Immigration Services (USCIS) published a new version of the Form I-9. The new Form I-9 is dated 10/21/2019. Employers should begin using this updated version as of January 31, 2020, however, they may continue to use the prior version (dated 7/17/2017 N) until April 30, 2020. After April 30, 2020 only the new version can be used. Minor updates were made to the Form I-9 to reflect changes in country names. Minor updates were also made to the Form I-9 Instructions, including clarification of who can act as an authorized representative on behalf of an employer, clarification of acceptable documents for the Form I-9, and updates to the process for requesting paper Forms I-9. Click here to access the new Form I-9 and Instructions.

The International Trade Administration’s Privacy Shield Team has provided updated guidance on how an EU-U.S. Privacy Shield participant may receive personal data from the United Kingdom in light of Brexit. The guidance states that during the Transition Period from January 31, 2020 until December 31, 2020, EU law will continue to apply to data received from the UK. However, by December 31, 2020, a participant must update its public commitment to comply with the Privacy Shield to include personal data received from the UK in reliance on the Privacy Shield. The guidance provides model language for this update. In addition, a participant must maintain a current Privacy Shield certification. After December 31, 2020, participants will be understood to have committed to comply with the UK Information Commissioner’s Office (ICO) with regard to personal data received from the UK. Click here to access the guidance.

USCIS announced that the Inadmissibility on Public Charge Grounds final rule will apply to applications and petitions postmarked on or after February 24, 2020, except in Illinois where the rule remains enjoined by a federal court. The Public Charge rule was scheduled to take effect on October 15, 2019, but multiple federal courts issued injunctions that temporarily stopped the rule from taking effect. On January 27, 2020, the U.S. Supreme Court lifted the last remaining nationwide injunction which was preventing the rule from going into effect, though a statewide injunction remains in Illinois. This means that USCIS will consider receipt of certain public benefits in decisions related to admissibility to the United States as well as applications for permanent residence (i.e., green card) to determine if the individual is “likely at any time to become a public charge.” Click here and click here to read more.

Facebook has agreed to pay $550 million to settle a privacy lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Under BIPA, companies must obtain explicit permission before collecting biometric data, such as face scans, from consumers. BIPA includes a private right of action which allows Illinois consumers to sue companies directly. In this case, the plaintiffs alleged that Facebook ran afoul of BIPA by using facial recognition technology to identify and automatically tag users. This settlement comes a week after Facebook’s petition for certiorari was denied by the Supreme Court. It is being called the largest privacy class action cash settlement to date. Click here to read more.

The Consumer Financial Protection Bureau (CFPB) announced additions to its executive team. Susan M. Bernard will serve as Assistant Director for Regulations in the Research, Markets and Regulation Division; Donna Roy will serve as Chief Information Officer in the Bureau’s Operations Division; Rachelle Vaughan will serve as Chief Procurement Officer in the Bureau’s Operations Division; Thomas G. Ward will serve as Assistant Director of Enforcement in the Supervision, Enforcement & Fair Lending Division; and David Wernecke will serve as Chief Experience Officer. Click here to read more about the CFPB’s new leadership.