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What Happens If an AI Model Is Developed With Unlawfully Processed Personal Data

The European Data Protection Board recently issued an opinion on AI models, shedding light on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model on the...more

Cookie Banners Shouldn’t Be Confusing and Other Life Lessons

The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more

What Is Happening in Privacy Law?

Here are eight recent developments in privacy law you should consider as you get ready for the holidays. Don’t Lie on Your AI - •The U.S. Federal Trade Commission recently issued a new enforcement action on AI...more

GDPR Question: What Do You Do With a US Court Order?

So you have a court order from a U.S. court seeking data? In the words of Shania Twain, “That don’t impress me much!” The European Data Protection Board recently issued an opinion on cross border transfers pursuant to Art 48...more

Employees Are People Too — And Not Just in California

I recently had the pleasure of speaking with the Atlantic County Bar Association. Here are some of the key takeaways from my presentation: Employees are “consumers” under the California Consumer Privacy Act. It requires:...more

All Pixels Are Not Created Equal

To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more

CPPA and Data Brokers: What You Need to Know

The California Privacy Protection Agency is going after data brokers. The CPPA board voted earlier this month to adopt new regulations regarding data broker registration requirements. If approved, the regulations will...more

Tracking Pixels, Australia and What It Means for the U.S.

The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more

Web Scraping: 16 Data Protection Authorities Say Controllers Need to Protect Their Properties

Sixteen data protection authorities recently confirmed that controllers must protect their properties from web scraping. And that includes web scraping for the purpose of training AI....more

The Ethical Use of AI and the DOL: What You Need to Know

The U.S. Department of Labor recently released new principles on the ethical use of artificial intelligence. Here are some of the things we are working on with employers and other clients, including tech developers....more

Chatbot Do’s and Don’ts for Restaurants (and Beyond)

I recently sat down with the Restaurant Technology Network to discuss some of the many concerns people have regarding chatbots, and the legislation that governs them. Here are some of the key points we talked about:...more

Quantum Data Protection Challenges Are Coming

The United Kingdom’s Information Commissioner’s Office recently issued a report on Quantum technologies and data protection. What are we discussing with clients?...more

Generative AI and California Health Care Facilities: What You Need to Know about AB 3030

Governor Gavin Newsom recently signed AB 3030, a California bill intended to regulate the use of generative AI by health care facilities in the state. This is some of what we are discussing with our healthcare clients: Who...more

Thinking About Revising a Privacy Statement? Here Are Some Pointers

There have been some highly publicized privacy statement revisions. Here are some lessons we are discussing with clients: •Regulators are putting a high value on transparency and they are looking specifically at privacy...more

AI Companies Need to Be Transparent, Texas AG Says

The Texas Attorney General recently took action against Pieces Technologies Inc., resolving claims that the company made a series of false and misleading statements about the accuracy and safety of its Artificial Intelligence...more

The Fox Rothschild Privacy Summit: A Recap

Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more

Data Sharing and the Automotive Industry: What We Are Telling Clients

There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients? •Personal data is broader than you think: Things like average speed; acceleration events, hard...more

How to Prepare for Chatbot Class Actions

Chatbots are likely to lead to a new wave of class action lawsuits. This is how are we helping our clients get ready. Claims include: •Contemporaneous recording by the chat provider - •Chat provider uses the chat...more

Uber’s 290 Million Euro Fine: What You Need to Know

What can U.S.-based and multi-national companies learn from the 290 million euro fine Autoriteit Persoonsgegevens, the Dutch Data Protection Authority, issued against Uber in connection with the processing of Dutch driver...more

Companies Beware: New York Attorney General Targets Websites That Track Visitors

Recently, the Office of the New York State Attorney General (OAG) issued an advisory warning business that website tracking technology may violate New York consumer protection laws, including the state’s Uniform Deceptive...more

To Do: What Regulators Want Regarding Vehicular Data Sharing

Data sharing between car manufacturers and insurance companies has become top of mind for regulators recently. Here are some “To Do’s” we’re discussing with clients in and out of the automotive space: Regulator: You can’t...more

Child-Facing Products and the FTC: What You Need to Know

What are we discussing with our clients who have children-facing products following some new/recent Federal Trade Commission enforcement actions? Here are some key takeaways:...more

The Top 10 Privacy Law Issues From Last Month

These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Hashing Doesn’t Mean De-Identifying

New guidance from the Federal Trade Commission clarifies that hashes aren’t “anonymous,” can still be used to identify users, and their misuse can lead to harm. Some key points: •For background, hashing involves taking a...more

Who Put the PI in My AI?

So, you want to onboard an AI solution that contains personal information. But how? Here are some questions i ask clients, and some pointers i give them about where to start:...more

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