ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
Continuing its focus on potential dark patterns, the FTC has reached a settlement with the lead generation company Response Tree LLC and its president over allegations that the company ran sites that tricked people into...more
The European Council recently approved a final version of the EU Data Act. The Act applies to manufacturers of connected devices. Among other things, it gives consumers certain rights about the information those devices...more
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with eight underlying principles. The order, while directed to government agencies, will impact businesses as well. In particular,...more
The FTC’s second attempt to pursue the data broker, Kochava, continues to move forward. The amended complaint, which was just unsealed and thus available for the public to review, gives insight into the agency’s perspective...more
Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more
As many who are keeping track of generative AI developments are aware, the FTC recently announced that it is investigating OpenAI’s ChatGPT product. For the privacy practitioner this investigation is important given that...more
The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in...more
Oregon’s governor has now signed into law the state’s comprehensive privacy law. Meaning, there are now 12 states with these laws, six of which were passed just this year (others passed in 2023 were Iowa, Indiana, Tennessee,...more
7/24/2023
/ Consumer Privacy Rights ,
Covered Entities ,
Data Protection Acts ,
Enforcement Actions ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
New Legislation ,
Oregon ,
Personal Data ,
Personal Information ,
State and Local Government ,
State Privacy Laws
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more
When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader...more
7/7/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As...more
6/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
6/13/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Florida ,
Governor DeSantis ,
Online Safety for Children ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Right-To-Access ,
Social Media ,
State Privacy Laws
Montana now joins a growing list of states to have a comprehensive privacy law. The law was signed by the governor on May 19, 2023 and will go into effect October 24, 2024. This is before some Iowa (effective January 1, 2025)...more
The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more
5/16/2023
/ Carve Out Provisions ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Tennessee
With January well in the rear view mirror, companies are setting their privacy compliance sights on the next two laws to come into effect on July 1, 2023: Colorado and Connecticut. Knowing, of course, that Utah (December 31,...more
5/11/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
Following its 2021 Dark Patterns enforcement policy, the FTC recently issued a staff report on the practice. The report summarized many of the cases the agency has brought against companies it alleges have engaged in “dark...more
With six months before the first of the new US state general privacy laws go into effect, there are several steps companies can take now to begin to prepare. Unfortunately there are some parts of compliance that will be...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
Utah recently joined California, Colorado, and Virginia in passing a comprehensive privacy law. It goes into effect December 31, 2023 and shares similarities with other states’ laws. Businesses may be glad to learn that Utah...more
The Digital Advertising Accountability Program, which enforces privacy principles for digital advertising, issued a compliance warning to advertisers regarding device fingerprinting. This warning is worth keeping in mind,...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
Virginia edges closer to its privacy law January 2023 implementation. A new working group report gives some insight on implementation focus. The working group is tasked with giving advice on implementing the Virginia Consumer...more
The Office of the Australian Information Commissioner issued a determination earlier this fall about 7-Eleven’s use of “faceprints.” The OAIC found the convenience store improperly collected faceprint information without...more