Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
7/16/2024
/ Audio Recording ,
CIPA ,
Class Action ,
Data Privacy ,
Data Protection ,
ECPA ,
Privacy Laws ,
Shopify ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in...more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
6/13/2024
/ CIPA ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Discovery Disputes ,
Facebook ,
Personal Jurisdiction ,
Privacy Laws ,
Private Right of Action ,
VPPA ,
Websites ,
Wiretapping
Keypoint: The California legislature is considering several bills that, if passed, would add to the nation’s emerging legal patchwork governing the use of artificial intelligence. In mid-May, Colorado Governor Jared Polis...more
Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial...more
5/9/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Colorado ,
Corporate Counsel ,
Duty of Care ,
Duty to Disclose ,
Enforcement ,
Equal Opportunities ,
Legislative Agendas ,
Notification Requirements ,
Proposed Legislation ,
Risk Management ,
State and Local Government
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
5/7/2024
/ Audio Recording ,
Call Centers ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Facebook ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
Video Recordings ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Colorado employers and controllers that collect and process biometric data and identifiers will need to comply with disclosure, consent, and retention requirements beginning on July 1, 2025. In late April, the...more
Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an...more
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...more
3/26/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Corporate Counsel ,
Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Transparency
Keypoint: While not as far-reaching as bills under consideration in other states, the Utah bill creates some obligations for private sector companies deploying generative artificial intelligence, including disclosing its use....more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA.
Welcome to the eleventh installment in our...more
3/6/2024
/ Chat Rooms ,
CIPA ,
Consent ,
Data Privacy ,
Electronic Communications ,
Invasion of Privacy ,
IP Addresses ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
VPPA ,
Wiretapping
Keypoint: Since our inaugural post on US artificial intelligence legislation, the first AI bill from this year is set to pass in Utah, new bills have been introduced in Connecticut, Illinois, New Jersey, and several bills...more
Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills.
Below is our first regular update on the status of US...more
2/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Civil Rights Act ,
Discrimination ,
Equal Opportunities ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Popular ,
Proposed Legislation ,
U.S. Commerce Department
The big day is finally here! More than three years after voter approval of Colorado’s Family and Medical Leave Insurance program (FAMLI), the program goes live on January 1, 2024. For the past 12 months, employers...more
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026.
Last week, the California...more
9/18/2023
/ Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Disclosure Requirements ,
Duty to Delete ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Information and Protection Act ,
New Legislation ,
State Privacy Laws
Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process.
The Equal Employment Opportunity Commission (EEOC)...more
7/20/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Title VII
Keypoint: The Attorney General’s investigatory sweep focuses on how large California employers are handling the expiration of the CCPA’s employee data exemption.
On July 14, 2023, the California Attorney General announced a...more
The 2023 Colorado legislative session closed on May 8, 2023, and in what is now an annual tradition, the General Assembly devoted considerable time during its 120-day session to debating employment-related bills, some quite...more
Keypoint: New York City issued final regulations on the use of automated employment decision tools by employers, with enforcement to begin on July 5, 2023.
The New York City Department of Consumer and Worker Protection...more
Keypoint: After a January hearing, New York City continues to consider comments to a new law regulating employers’ use of automated employment decision tools, with enforcement to begin “in the coming months.”...more
Keypoint: Employers who use automated employment decision tools in New York City will receive additional guidance on complying with Local Law 144 before enforcement begins on April 15, 2023....more
A reminder for all Colorado employers: you have one month until you begin collecting premiums under Colorado’s Family and Medical Leave Insurance Program (FAMLI). FAMLI is Colorado’s state-administered insurance program that...more
On November 1, 2022, the Family and Medical Leave Insurance Division (the Division) of the Colorado Department of Labor and Employment adopted final rules that employers must follow to offer private plans under Colorado’s...more
Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023.
As previously reported, the California legislature had been considering multiple bills...more
9/1/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Privacy ,
Data Transfers ,
Disclosure Requirements ,
Employee Monitoring ,
Information Requests ,
Personal Information ,
Personnel Records ,
Popular