At the end of 2024 the Italian Data Protection Authority issued a 15 million euro fine in the first generative AI-related case brought under GDPR. According to Garante (the Italian authority), OpenAI trained ChatGPT with...more
1/29/2025
/ Artificial Intelligence ,
Bots ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
General Data Protection Regulation (GDPR) ,
Italy ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements
The Colorado AG’s office adopted draft amendments to the Colorado Privacy Act rules last month. The adopted draft reflected input from the public to AG’s September 2024 version and addresses three key issues. First, on...more
New York has a new AI-related law which took effect January 1. The law regulates creation and use of digital replicas of an individual’s voice or likeness and is similar to those in California and Tennessee....more
1/7/2025
/ Artificial Intelligence ,
Artificial Reproduction ,
Cybersecurity ,
Innovative Technology ,
Machine Learning ,
New York ,
Privacy Laws ,
Regulatory Agenda ,
Risk Management ,
State Privacy Laws ,
Technology Sector
As 2024 came to a close, New York Gov. Hochul signed two bills (A8872A and S2376B) amending New York’s data breach law. The modifications change both what constitutes personal information under the law, as well as modifying...more
For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending...more
The Federal Trade Commission recently settled complaints against two data brokers over their handling of consumers’ sensitive location information. The agency alleged that such practices constitute unfair practices. Under the...more
Are you ready for the next set of US state privacy laws going into effect? Delaware, Iowa, Nebraska, and New Hampshire are effective January 1, and New Jersey’s law go into effect two weeks later (January 15)....more
In the waning months of the current administration, the White House issued a memo setting forth actions focused on national security as directed in the AI Executive Order from last year. As a reminder, the order -while...more
12/17/2024
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Data Security ,
Executive Orders ,
Government Agencies ,
National Security ,
NIST ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector
In the fifth in our series of California developments, we turn to data broker obligations. There are two of note. First, the California privacy agency is moving forward Delete Act regulations it proposed earlier this year....more
In the fourth in our series of new CCPA regulations from California, we look at both cybersecurity audit obligations as well as the impact of the CCPA on the insurance industry. Cybersecurity Audits The proposed rules address...more
In the third in our series of new CCPA regulations from California, we look at obligations for conducting risk assessments under CCPA. CCPA had called on the California agency to promulgate rules to address such assessments,...more
In the second in our series of new CCPA regulations from California, we look at proposed rules for use of automated decisionmaking technology. As a reminder, CCPA discusses these technologies in relation to profiling, namely...more
12/12/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Legislative Agendas ,
Machine Learning ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Privacy Laws ,
Technology
The California Privacy Protection Agency released proposed CCPA rules for a variety of topics in November, as well as announcing an investigative sweep for compliance with the Delete Act. Topics include the following, which...more
12/9/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Cybersecurity ,
Data Brokers ,
Deadlines ,
Enforcement Actions ,
Insurance Industry ,
Legislative Agendas ,
Machine Learning ,
Privacy Laws ,
Proposed Rules ,
Regulatory Agenda ,
State Privacy Laws
The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option...more
The New York Attorney General’s Office recently settled with Albany ENT & Allergy Services over claims that the healthcare provider failed to protect over 200,000 consumers’ private health information. The claims stem from...more
The United Kingdom and the United States released a joint statement last month outlining plans focused on children’s online privacy. As indicated in the statement, they intend to engage national institutions and other...more
The European Data Protection Board issued draft guidelines last month that outline when processing can be considered done for “legitimate interest.” The public has until November 20 to provide comments to the draft....more
Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down....more
11/7/2024
/ COPPA ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
First Amendment ,
Florida ,
Legislative Agendas ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
State Legislatures ,
State Privacy Laws
The dust is beginning to settle from the raft of AI-related bills Governor Newsom signed last month in California. (See for example, our post about neural data.) Most of the provisions will not go into effect for another few...more
10/30/2024
/ Artificial Intelligence ,
California ,
Data Security ,
Disclosure ,
Entertainment Industry ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Robocalling ,
State and Local Government ,
State Privacy Laws ,
Transparency
The FTC’s staff report summarizes how it views the operations of social media and video streaming companies. Of particular interest is the insight it gives into potential enforcement focus in the coming months, and into 2025....more
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
California has been active in the kids space. First, the Ninth Circuit’s recently ruled on the California’s Age-Appropriate Design Code Act. Second, the governor has just signed a new law aimed at social media sites....more
2024 seems like it is flying by. For those keeping track of US state “comprehensive” privacy laws you know that October 1 – a week away – brings the effective date of the Montana privacy law. The “big sky” state will join...more
9/24/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Montana ,
New Legislation ,
New Regulations ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Pennsylvania AG Michelle Henry announced yesterday the launch of an online portal for businesses to report data breaches to the AG’s office. The portal launch comes before Pennsylvania’s new breach amendments take effect on...more
The New York Attorney General’s office and the UK Information Commissioner’s Office were busy last month when it came to children’s privacy. Both sought input from the public about regulating children’s online privacy,...more