On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more
5/31/2024
/ Business Associates ,
Cookies ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Guidance Update ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
OCR ,
PHI ,
Popular ,
Tracking Systems ,
Web Tracking
On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more
The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages...more
On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more
1/30/2024
/ Compliance ,
Consent ,
Data Collection ,
Data Privacy ,
Data Subject Access Requests ,
Effective Date ,
Notice Requirements ,
Penalties ,
Personal Information ,
PHI ,
Privacy Laws ,
State Privacy Laws
With the onslaught of new privacy legislation and cyber threats coupled with upticks in enforcement, running a well-functioning and flexible privacy program is now, more than ever, a critical component of an organization’s...more
1/5/2024
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Incident Response Plans ,
Personally Identifiable Information ,
Privacy Laws ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
On October 10, 2023, California Governor Gavin Newsom signed SB 362 into law. The “Delete Act” is intended to bridge a gap in consumer privacy rights – whereas the California Privacy Rights Act (the CPRA) grants consumers the...more
On September 21, 2023, the Colorado Division of Insurance adopted a Final Regulation implementing S.B. 21-169, the 2021 law governing Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS),...more
11/30/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Consumer Privacy Rights ,
Data Collection ,
Final Rules ,
Insurance Industry ,
Life Insurance ,
NAIC ,
Predictive Analytics ,
Risk Management ,
Underwriting
The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more
11/7/2023
/ Advertising ,
Behavioral Advertising ,
Cookie Banners ,
Cookies ,
Do Not Sell ,
EU ,
Opt-In ,
Opt-Outs ,
Privacy Laws ,
State Privacy Laws ,
Targeted Digital Advertising ,
Web Tracking
BCLP actively tracks the proposed, failed and enacted AI regulatory bills from across the United States to help our clients stay informed in this rapidly-changing regulatory landscape. The interactive map is current as of...more
After nearly seven months of lawmaking, California legislators ended this session without the passage of a bill regulating the development or deployment of artificial intelligence (AI) systems....more
9/15/2023
/ Artificial Intelligence ,
Congressional Investigations & Hearings ,
Executive Orders ,
Governor Newsom ,
Innovation ,
Legislative Agendas ,
Public Procurement Policies ,
Public Sector ,
Risk Assessment ,
State Legislatures ,
State Procurement Contracts ,
Technology Sector
As companies increasingly integrate AI into their products, services, processes, and decision-making, they need to do so in ways that comply with the different laws that have been passed and proposed to regulate the use of AI...more
9/14/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Joint Statements ,
Machine Learning ,
New Legislation ,
Predictive Analytics ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
State Privacy Laws
On July 26, 2023, the majority of the Commissioners of the U.S. Securities and Exchange Commission (the “SEC”) voted to propose new rules under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to...more
9/1/2023
/ Analytics ,
Artificial Intelligence ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Technology
On June 16, 2023, Nevada Governor Joe Lombardo signed SB 370 into law. This new law is a consumer health data bill that is similar in many ways to Washington’s My Health My Data Act (MHMDA). SB 370, like most provisions of...more
The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...more
7/21/2023
/ Communications Decency Act ,
Constitutional Challenges ,
COPPA ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Dormant Commerce Clause ,
Enforcement Authority ,
First Amendment ,
Online Safety for Children ,
Personal Data ,
State Privacy Laws ,
Trade Associations
The Colorado Privacy Act (“CPA”), Colorado’s first comprehensive consumer privacy law, came into effect on July 1, 2023. Like many new privacy laws, though, there has been uncertainty surrounding when meaningful enforcement...more
As with a growing number of states, Connecticut passed a comprehensive consumer privacy law, the Connecticut Data Privacy Act (the “CTDPA”), on May 10, 2022. The CTDPA becomes effective on July 1, 2023 and, in spite of the...more
7/3/2023
/ Amended Legislation ,
Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Deletion ,
Data Processors ,
Data Selling ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
PHI ,
Sensitive Personal Information ,
State Privacy Laws
A recent case highlights another area of potential legal risk with using generative AI: liability for content when AI simply gets the facts wrong.
Earlier this month, a radio host sued OpenAI in Georgia state court,...more
In 2023, state legislatures across the U.S. responded to the growing impact of artificial intelligence (AI) by introducing a substantial number of bills aimed at regulating its development and use by private industry. To...more
To date, US non-profit organizations have enjoyed an exemption from the state omnibus privacy laws. That’s about to change. Unlike the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA),...more
On March 15, 2023, the Colorado Attorney General’s Office announced the finalization of the Regulations implementing the Colorado Privacy Act (CPA), which will take effect on July 1, 2023. Covered businesses that make use of...more
On April 27, 2023, the Washington state governor signed into law the My Health My Data Act, also known as the MHMDA. The majority of the law’s provisions will take effect on March 31, 2024, providing companies with one...more
Artificial Intelligence (AI), once limited to the pages of science fiction novels, has now been adopted by more than 1/4 of businesses in the United States, and nearly half of all organizations are working to embed AI into...more
Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more
4/27/2023
/ Artificial Intelligence ,
Bias ,
Compliance Dates ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Machine Learning
On January 1, 2023, the California Privacy Rights Act of 2020, which amended the existing California Consumer Privacy Act (collectively, the “CPRA”) and Virginia’s Consumer Data Protection Act (“VCDPA”) went into effect....more
“Precise Geolocation” has become a hot button issue in the privacy world with recent data privacy laws seeking to regulate the collection and processing of such information, including in California and Virginia. The...more
3/30/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Information ,
Data Collection ,
Federal Trade Commission (FTC) ,
Geolocation ,
Guidance Update ,
Location Data ,
Location Privacy ,
Mobile Apps ,
Mobile Devices ,
Privacy Concerns ,
Third-Party Service Provider