Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action...more
One of our recent posts discussed the uptick in AI risks reported in SEC filings, as analyzed by Arize AI. There, we highlighted the importance of strong governance for mitigating some of these risks, but we didn’t address...more
9/12/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Cybersecurity ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Fortune 500 ,
Governance Standards ,
Intellectual Property Protection ,
Machine Learning ,
Phishing Scams ,
Popular ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC)
On May 24, 2024, Minnesota’s governor signed an omnibus bill, HF4757 which included the new Consumer Data Privacy Act. The state joins Kentucky, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island in passing...more
Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive...more
On April 17, 2024, Nebraska’s governor signed Legislative Bill 1074, which establishes a consumer data privacy law for the state. Nebraska’s law takes effect January 1, 2025. To Whom does the law apply? The law applies to...more
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal...more
Last year the White House weighed in on the use of artificial intelligence (AI) in businesses. Since the executive order, several government entities including the Department of Labor have released guidance on the use of AI....more
“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s...more
4/11/2024
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
FERPA ,
General Data Protection Regulation (GDPR) ,
Genetic Testing ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Ransomware ,
Tracking Systems
On April 4, 2024, Kentucky’s Governor signed House Bill 15, which establishes a consumer data privacy law for the state. The state joins New Hampshire and New Jersey in passing comprehensive consumer privacy laws in 2024....more
In what is being called the American Privacy Rights Act (Act), some are suggesting this could be the one! For many years, Congress has been unable to come together to craft a national privacy law. There have been several...more
The California Privacy Protection Agency (CPPA) issued its first enforcement advisory concerning the California Consumer Privacy Act (CCPA). In Enforcement Advisory No. 2024-01, the CPPA tackles a foundational principle –...more
The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe,...more
On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more
3/7/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Governor Sununu ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Personal Data ,
State Privacy Laws
To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.
1. AI regulations to protect data privacy.
Automated decision-making tools, smart cameras, wearables,...more
1/29/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Biometric Information Privacy Act ,
Class Action ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Popular ,
Risk Assessment ,
Risk Management ,
State Privacy Laws ,
Web Tracking
On September 11, 2023, Delaware’s Governor signed House Bill 154 which enacts the state’s comprehensive consumer data privacy statute. Delaware joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon,...more
When the California Privacy Rights Act (CPRA) was enacted, it created the California Privacy Protection Agency (CPPA) and delegated to the CPPA significant regulatory authority. One of the areas of that authority is...more
Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a...more
The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more
7/21/2023
/ Data Privacy ,
Department of Health and Human Services (HHS) ,
Facebook ,
Federal Trade Commission (FTC) ,
Google ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
OCR ,
PHI ,
Technology ,
Telehealth ,
Web Tracking
On June 7, 2023, Connecticut’s Governor signed Senate Bill (SB) 1103, which enacted regulations regarding artificial intelligence, automated decision-making, and personal data privacy. The law sets several requirements for...more
On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online.
As Connecticut’s comprehensive consumer privacy...more
On June 7, 2023, Montana’s Governor signed Senate Bill (SB) 351 which revises the state’s privacy law pertaining to genetic information.
This legislation takes effect on October 1, 2023.
Covered Entity-
Businesses...more
Though enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA) has been paused for now, the State of California is not resting when it comes to compliance with the...more
On June 18, 2023, Texas’ Governor signed House Bill (HB) 4 which enacts the Texas Data Privacy and Security Act. Texas joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Utah, and Virginia in enacting...more
The Association of Corporate Counsel and Major, Lindsey & Africa recently released their 2023 Law Department Management Benchmarking Report (Report) which tracks key trends in law department financial and operational data....more
On March 15, 2023, the Iowa legislature unanimously passed Senate File 262, the Consumer Privacy Act, which relates to consumer data and privacy protection. Once signed by Iowa’s governor, the statute will become operative on...more