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Top 5 Privacy Concerns for My Clients

What are the top 5 data privacy concerns for my clients the past couple of months? Here are some notes I recently compiled for a meeting of Fox Rothschild’s national Privacy Law Practice Group. Patchwork Paralysis - •How...more

Cookies and Online Merchants: What Can We Learn From California Lawsuits

New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients....more

AI, the FTC and Consumer Facing Applications: Some Guidance

There is no exemption for AI when it comes to consumer facing applications, the Federal Trade Commission recently stressed in a blog post. Key points: •Quietly changing the terms of service agreements could be unfair or...more

AI and Accuracy: The UK’s Information Commissioner’s Office Offers Guidance

The United Kingdom’s Information Commissioner’s Office has issued guidance on the accuracy of artificial intelligence Some key points: •For generative AI models, both developers and deployers must consider the impact that...more

Can an Employer Review Social Media Posts While Assessing Candidates?

Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Florida Issues Draft Privacy Regulations: What You Need to Know

Florida has issued draft regs for its new privacy law, but this is important far beyond the Sunshine state. U.S. State regulators are looking to each other for guidance on similar provisions. What do you need to know?...more

The CPPA, FCC, FTC Are Collaborating

The California Privacy Protection Agency, the California Attorney General’s Office, the FCC, the Federal Trade Commission, and more are embracing a collaborative approach. They all talk with each other. That is according to...more

Feds to Review Privacy Practices of 10 Largest Airlines

U.S. Secretary of Transportation Pete Buttigieg recently announced the Department of Transportation (DOT) would undertake a privacy review of the nation’s ten largest airlines. Specifically, they will look at their policies...more

GenAI and Public Sector Procurement in California: What You Need to Know

California recently released GenAI Guidelines for Public Sector Procurement, Uses and Training, as well as a GenAI Risk Assessment. What do you need to know? Key points: •Generative Artificial Intelligence (GenAI) is...more

A DCMA Exemption for ‘Right to Repair’?

The Federal Trade Commission and the DOJ support a Digital Millennium Copyright Act exemption for vehicle operational data to promote the “right to repair.” An exemption currently exists for computer programs that control...more

India’s Digital Personal Data Protection Act: What You Need to Know

India enacted its new Digital Personal Data Protection Act last year. Here are some key takeaways regarding the law, courtesy of Sajai Singh, a partner at J. Sagar Associates in India. Singh spoke recently at Alpine Privacy...more

Biden Administration Issues Executive Order to Protect Sensitive Personal Data

The White House recently issued an executive order that restricts cross-border transfers of personal data from the United States to “countries of concern.” President Biden also urged Congress to pass comprehensive privacy...more

Don’t Expect to Easily Claim ‘Disproportionate’ Effort When Responding to US Data Access Requests

U.S. companies thinking about falling back on “disproportionate” effort for access requests under the new U.S. privacy laws because they require compiling too many documents should think again. The Berlin Administrative...more

The FTC and Employee Surveillance

The U.S. Federal Trade Commission is working to enforce employee surveillance, according to Benjamin Wiseman, Associate Director of the FTC’s Division of Privacy and Identity Protection....more

A Helpful Guide on Data Processing Consent

The Office of the Data Protection Authority of the Bailiwick of Guernsey has issued concise guide on the definition of consent. This is helpful not only for GDPR, but also for understanding and implementing consent under the...more

Virginia Looks to Regulate Artificial Intelligence

Virginia continues to charge ahead in the AI space, with Delegate Michelle Lopes Maldonado recently submitting a new “AI Developer Act. Here are some key points to know. Definitions- •AI is defined as “technology that...more

Are Test Answers Personal Data?

Are test questions and answers personal data that needs to be provided pursuant to an access request? A German court recently weighed in, providing some good insight regarding both GDPR and U.S. state data privacy laws....more

Your DNA and the FTC: What You Need to Know

The Federal Trade Commission recently published a blog post regarding the privacy of DNA. What do you need to know? •Protecting biometric information – including genetic data – is a top FTC priority. (See FTC Biometric...more

Information Commissioner’s Office Issues Guidance on How to Keep Employment Records: What You Need to Know

The United Kingdom’s Information Commissioner’s Office recently issued guidance on how to keep employment records. This is good advise for employers beyond Europe (and particularly in California). The data retention...more

How Will the FTC Regulate Artificial Intelligence?

Federal Trade Commissioner Alvaro Bedoya recently released a statement on Rite Aid’s use of smart CCTV. Here some key takeaways from the statement (and how the recent settlement applies to the use of surveillance and AI...more

Federal Judges Start Cracking Down on the Use of Artificial Intelligence in Court Filings

The U.S. District Court for the Eastern District of Michigan recently published a proposed rule requiring lawyers to disclose any time they use artificial intelligence to help them write legal filings. Per Danielle Ferguson...more

Oregon Establishes State Government AI Advisory Council

Governor Tina Kotek recently established the Oregon State Government AI Advisory Council. The council will develop recommendations for its utilization of artificial intelligence throughout state government, while honoring...more

A Cookie Is Not Just a Cookie: EDPB Issues Draft Guidelines on Art 5(3) ePrivacy Directive

A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...more

Oregon Passes State Privacy Law

The state of Oregon has passed a comprehensive data protection law (SB0619), which will go into effect in July 2024. What do you need to know about SB0619, also known as the Oregon Consumer Privacy Act?...more

The FTC Is Coming After Your AI

According to a recent news release, the FTC has approved an omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using...more

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