The European Commission recently issued a formula for identifying Artificial Intelligence Systems:
Machine-based system-
Designed to operate with varying levels of autonomy-
•Some degree of independence of actions from...more
2/10/2025
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Data Privacy ,
Data Protection ,
EU ,
European Commission ,
Machine Learning ,
Regulatory Agenda ,
Technology ,
Technology Sector
A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more
1/31/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Protection ,
Gambling ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
UK ,
UK GDPR
The New Jersey Attorney General recently issued guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination....more
The old saying goes, “Don’t mess with Texas.” The same can be said of the Texas Privacy Act. The Texas Department of Information Resources recently issued an implementation status for the act....more
App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more
1/17/2025
/ CNIL ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
Mobile Apps ,
Personal Data ,
Privacy Laws ,
Privacy Policy
There is more to learn from the European Data Protection Board’s recent opinion on AI models. I previously reviewed the EDPB’s take on what the consequences could be for the unlawful processing of personal data in the...more
The European Data Protection Board’s recent opinion on AI models can be useful in several ways. Last week, I covered EDPB’s take on what the consequences could be for the unlawful processing of personal data in the...more
The European Data Protection Board recently issued an opinion on AI models, shedding light on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model on the...more
The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more
Here are eight recent developments in privacy law you should consider as you get ready for the holidays. Don’t Lie on Your AI -
•The U.S. Federal Trade Commission recently issued a new enforcement action on AI...more
So you have a court order from a U.S. court seeking data? In the words of Shania Twain, “That don’t impress me much!” The European Data Protection Board recently issued an opinion on cross border transfers pursuant to Art 48...more
I recently had the pleasure of speaking with the Atlantic County Bar Association. Here are some of the key takeaways from my presentation: Employees are “consumers” under the California Consumer Privacy Act. It requires:...more
To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more
The California Privacy Protection Agency is going after data brokers.
The CPPA board voted earlier this month to adopt new regulations regarding data broker registration requirements. If approved, the regulations will...more
The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more
Sixteen data protection authorities recently confirmed that controllers must protect their properties from web scraping. And that includes web scraping for the purpose of training AI....more
The U.S. Department of Labor recently released new principles on the ethical use of artificial intelligence. Here are some of the things we are working on with employers and other clients, including tech developers....more
I recently sat down with the Restaurant Technology Network to discuss some of the many concerns people have regarding chatbots, and the legislation that governs them. Here are some of the key points we talked about:...more
The United Kingdom’s Information Commissioner’s Office recently issued a report on Quantum technologies and data protection. What are we discussing with clients?...more
Governor Gavin Newsom recently signed AB 3030, a California bill intended to regulate the use of generative AI by health care facilities in the state. This is some of what we are discussing with our healthcare clients: Who...more
There have been some highly publicized privacy statement revisions. Here are some lessons we are discussing with clients:
•Regulators are putting a high value on transparency and they are looking specifically at privacy...more
The Texas Attorney General recently took action against Pieces Technologies Inc., resolving claims that the company made a series of false and misleading statements about the accuracy and safety of its Artificial Intelligence...more
Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more
There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients?
•Personal data is broader than you think: Things like average speed; acceleration events, hard...more
Chatbots are likely to lead to a new wave of class action lawsuits. This is how are we helping our clients get ready. Claims include:
•Contemporaneous recording by the chat provider -
•Chat provider uses the chat...more