On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more
6/2/2023
/ Biometric Information ,
Data Collection ,
Data Security ,
Deep Fake ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
FTC Act ,
Innovative Technology ,
Section 5 ,
Unfair or Deceptive Trade Practices
On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more
5/2/2023
/ Business Associates ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Patient Privacy Rights ,
PHI ,
Private Right of Action
One can scarcely browse the internet without encountering a story on the use of Artificial Intelligence (AI) by businesses or websites. While recently most attention has focused on generative AI and the increasing use of chat...more
The Federal Communications Commission ("FCC" or "Commission") has released its long-awaited Notice of Proposed Rulemaking ("NPRM") proposing to revise data breach reporting requirements for telecommunications carriers and...more
On August 29, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint in Idaho federal district court against Kochava Inc., a data broker, seeking injunctive relief on account of alleged violations of...more
The Federal Trade Commission (FTC) may have just taken its first steps towards the creation of generally applicable federal privacy and security rules. On Aug. 11, 2022, the FTC published an advance notice of proposed...more
Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overruling Roe v. Wade, businesses and organizations that process personal data—including those outside the health or reproductive...more
Update March 31, 2022: Utah Governor Spencer Cox signed the bill into law March 24, 2022.
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy...more
On March 16 and 17, 2022, the National Institute of Standards and Technology (NIST) released two documents as part of its effort to establish a voluntary framework for developing trustworthy and responsible artificial...more
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy legislation—following California, Virginia, and Colorado— when Utah Governor Spencer Cox signs the...more
On September 30, 2021, Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) and Representative Kathy Castor (D-FL) introduced S.2918, the Kids Internet Design and Safety (KIDS) Act, which would expand online protections...more
The White House Office of Science and Technology Policy (OSTP) announced a plan to develop a "bill of rights" to protect against what the OSTP perceives to be potentially harmful consequences of AI, including anticipated and...more
Following the municipal ban on the use of facial recognition technology in Portland, Oregon, New York City's more expansive "biometric identifier information" law, set to go into effect July 9, 2021, will ban the sale of...more
The European Commission's (Commission) proposal for regulations establishing harmonized rules on artificial intelligence systems and applications (AI Regulations) reflects aggressive and sweeping proposals to regulate...more
In opening remarks at the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter previewed several artificial intelligence (AI)-related enforcement priorities under the Biden...more
In opening remarks at the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter previewed enforcement priorities under the Biden Administration. Slaughter's speech marked her first...more
3/2/2021
/ Algorithms ,
Artificial Intelligence ,
COPPA ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Disgorgement ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Popular ,
Racial Bias ,
Technology Sector
Two recent Federal Trade Commission (FTC) enforcement actions reflect increased scrutiny of companies using algorithms, automated processes, and/or AI-enabled applications. In January 2021, the agency announced it had settled...more
In an effort to ameliorate the potential discriminatory impact of facial recognition technologies on people of color, women, and other groups, Portland, Ore., recently joined a growing number of jurisdictions limiting the use...more
Washington State has a new COVID-19 exposure-notification smartphone tool, WA Notify. Introduced on Nov. 30 by the Department of Health, University of Washington, and Brotman Baty Institute, WA Notify has since been...more
As the year draws to a close, it seems safe to declare that 2020 was not a good year for the enactment of state consumer privacy legislation. Below, we provide status updates on state privacy task force initiatives and...more