Illinois "Protecting Household Privacy Act" Takes Effect
Leading on the data privacy front again after passing one of the toughest biometric data privacy laws in the nation, Illinois is now the first state to expressly limit law enforcement access to...
View ArticleGrowing Trouble for EU-U.S. Data Transfers Through Google Analytics
France's data protection authority (DPA), Commission Nationale de l'Informatique et des Libertés (CNIL), announced its ruling on February 10, 2022, that the use of Google Analytics by companies in the...
View ArticleUtah Passes Consumer Privacy Law
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...
View ArticleFTC COPPA Settlement Requires Deletion of Algorithms
Algorithmic disgorgement is back in the spotlight at the FTC, this time in connection with a recently announced settlement with WW International, Inc., formerly known as Weight Watchers (WW), and a...
View ArticleCalifornia Attorney General Issues Opinion Interpreting "Inferences" Under CCPA
The California Office of Attorney General (OAG) on March 10, 2022, issued its first opinion interpreting the California Consumer Privacy Act (CCPA), addressing when businesses must disclose internally...
View ArticleNIST - Two Guidance Documents for Developing Trustworthy AI
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...
View ArticleAnd Utah Makes 4—Beehive State Passes Consumer Privacy Law (UPDATED)
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...
View ArticleEuropean Commission Releases Additional Guidance on SCCs for International...
On May 25, 2022, the European Commission announced the release of a new guidance document relating to standard contractual clauses (SCCs) and international data transfers. The guidance is included in a...
View ArticleFirst Circuit Splits on Whether Warrantless Pole-Mounted Video Surveillance...
Last week, the First Circuit issued a decision that could be destined for Supreme Court review, but that nonetheless will immediately impact the course of criminal defendants' Fourth Amendment rights,...
View ArticlePrivacy in a Post-Roe World: What Businesses of All Types Should Consider
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...
View ArticleFTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance...
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...
View ArticleFTC Proposed "Commercial Surveillance and Data Security" Rulemaking Raises...
The Federal Trade Commission has formally launched a rulemaking proceeding that nominally is focused on consumer privacy issues, but actually raises significant questions about the impact of artificial...
View ArticleNIST Releases Second Draft of AI Risk Management Framework
On August 18, the National Institute of Standards and Technology (NIST) released a second draft of its Artificial Intelligence Risk Management Framework (the Second Draft) for public comment. The first...
View ArticleCA Attorney General Settles With Online Retailer That Failed to Disclose...
The Office of the California Attorney General (OAG) announced on August 24, 2022, a settlement with Sephora, Inc., as part of a recent enforcement sweep of online retailers. OAG alleged Sephora...
View ArticleFTC Sues Data Broker Over Sales of Geolocation Data
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...
View ArticleA First Look at the Colorado Privacy Act Proposed Rules
The Colorado Attorney General's Office has published its much-anticipated proposed rules (Proposed Rules) implementing the Colorado Privacy Act (CPA), which, as we discussed in an earlier blog post,...
View ArticleNew Executive Order Paves Way for Streamlined International Data Transfers
In March 2022, the US and EU announced they had agreed in principle to a new Trans-Atlantic Data Privacy Framework (Framework) intended to simplify transfers of personal information. After months of...
View ArticleEU's Proposed AI Liability Directive Sets Procedural Rules for Litigating...
On September 28, 2022, the European Commission published its Proposal for an Artificial Intelligence Liability Directive. See European Commission, Proposal for a Directive on adapting non-contractual...
View ArticleEuropean Commission Proposes AI-Related Revisions to EU Product Liability...
On September 28, 2022, the European Commission published its proposal for a directive to amend the existing European Union (EU) Product Liability Directive that provides a system for compensating...
View ArticleNew York City Revises Audit Rules for AI-Enabled Systems Used in Hiring and...
In late December, the New York City Department of Consumer and Worker Protection (DCWP or Department) issued revised rules to implement New York City Local Law 144 of 2021, which mandates bias audits...
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