The FTC’s settlement with Cleo AI gives some indication as to what we might see from the agency in the coming months. The FTC alleged, among other things, that Cleo AI’s actions violated Section 5 of the FTC Act. In...more
The Virginia law, like the Colorado Act, would have imposed various obligations on companies involved in the creation or deployment of high-risk AI systems that influence significant decisions about individuals in areas such...more
3/31/2025
/ Algorithms ,
Artificial Intelligence ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
State Legislatures ,
State Privacy Laws ,
Technology ,
Texas ,
Virginia
On February 20, the SEC announced the creation of its Cyber and Emerging Technologies Unit (CETU) to address misconduct involving new technologies and strengthen protections for retail investors. The CETU replaces the SEC’s...more
The Oregon AG’s Office, along with the state’s Department of Justice, issued guidance late last year on how state laws apply to the ways businesses use AI. The guidance may be two months old, but the cautions are still...more
2/26/2025
/ Artificial Intelligence ,
Bias ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Security ,
Oregon ,
Privacy Laws ,
State Privacy Laws ,
Technology Sector ,
Transparency
The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more
2/24/2025
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Data Privacy ,
Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
New Guidance ,
New Jersey ,
State Attorneys General ,
State Labor Laws ,
State Privacy Laws ,
Technology Sector
At the end of 2024 the Italian Data Protection Authority issued a 15 million euro fine in the first generative AI-related case brought under GDPR. According to Garante (the Italian authority), OpenAI trained ChatGPT with...more
1/29/2025
/ Artificial Intelligence ,
Bots ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
General Data Protection Regulation (GDPR) ,
Italy ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements
It is hard to believe that another year is upon us! As we have done in years past (including 2023, 2022, 2021, 2020, 2019 and 2018), we have created a comprehensive resource of all our www.eyeonprivacy.com posts from 2024. As...more
1/22/2025
/ Artificial Intelligence ,
Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Risk Management ,
Social Media ,
State Privacy Laws ,
Technology Sector ,
UK
New York has a new AI-related law which took effect January 1. The law regulates creation and use of digital replicas of an individual’s voice or likeness and is similar to those in California and Tennessee....more
1/7/2025
/ Artificial Intelligence ,
Artificial Reproduction ,
Cybersecurity ,
Innovative Technology ,
Machine Learning ,
New York ,
Privacy Laws ,
Regulatory Agenda ,
Risk Management ,
State Privacy Laws ,
Technology Sector
In the waning months of the current administration, the White House issued a memo setting forth actions focused on national security as directed in the AI Executive Order from last year. As a reminder, the order -while...more
12/17/2024
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Data Security ,
Executive Orders ,
Government Agencies ,
National Security ,
NIST ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector
In the second in our series of new CCPA regulations from California, we look at proposed rules for use of automated decisionmaking technology. As a reminder, CCPA discusses these technologies in relation to profiling, namely...more
12/12/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Legislative Agendas ,
Machine Learning ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Privacy Laws ,
Technology
The California Privacy Protection Agency released proposed CCPA rules for a variety of topics in November, as well as announcing an investigative sweep for compliance with the Delete Act. Topics include the following, which...more
12/9/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Cybersecurity ,
Data Brokers ,
Deadlines ,
Enforcement Actions ,
Insurance Industry ,
Legislative Agendas ,
Machine Learning ,
Privacy Laws ,
Proposed Rules ,
Regulatory Agenda ,
State Privacy Laws
The dust is beginning to settle from the raft of AI-related bills Governor Newsom signed last month in California. (See for example, our post about neural data.) Most of the provisions will not go into effect for another few...more
10/30/2024
/ Artificial Intelligence ,
California ,
Data Security ,
Disclosure ,
Entertainment Industry ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Robocalling ,
State and Local Government ,
State Privacy Laws ,
Transparency
The FTC’s staff report summarizes how it views the operations of social media and video streaming companies. Of particular interest is the insight it gives into potential enforcement focus in the coming months, and into 2025....more
Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative artificial intelligence, not just...more
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more
8/19/2024
/ Artificial Intelligence ,
CARU ,
Class Action ,
COPPA ,
Data Collection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Privacy Laws
As we enter the end of the summer, the AI regulatory steam is not slowing down. Colorado is now the first US state to have a comprehensive AI law (going into effect February 1, 2026), and the EU published its sweeping AI law...more
8/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Computer Programmers ,
Enforcement ,
EU ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Software Developers
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
5/30/2024
/ Artificial Intelligence ,
Connected Cars ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Transportation Industry ,
Web Tracking
Tennessee recently amended its 1984 right of publicity statute with passage of the ELVIS Act. The existing law already protected individuals’ rights in their image and likeness. As amended, the statute will specifically call...more
The Utah legislature has been busy, with another law effective May 1. This one is “privacy adjacent” but worth keeping in mind. The law, the Artificial Intelligence Policy Act, was signed into law in March. Among other...more
Earlier this month, accompanying an update to a rule prohibiting the impersonation of businesses and governments, the FTC sought comments on extending the rule to prohibit impersonation of individuals. The agency indicated...more
The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more
2/28/2024
/ Artificial Intelligence ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Scams ,
TCPA ,
Written Consent
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
From the expansion of “general privacy” laws in US states and concerns over cross-border data transfers, to global focus on artificial intelligence, surveillance and dark patterns, 2023 was a busy year. Our privacy team...more
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with eight underlying principles. The order, while directed to government agencies, will impact businesses as well. In particular,...more
The FTC continues its focus and concern on use of technologies that integrate artificial intelligence, this time turning to potential consumer harm with voice cloning technology. Today the commission announced a challenge...more