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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

Cross Border Complaints: What You Need to Consider

Here are a few things to consider in a cross border complaint, according to the International Association of Privacy Professionals’ Data Protection Congress panel with Isabelle Vereecken of the European Data Protection Board,...more

Pennsylvania Could Join the US State Privacy Law Race

Pennsylvania is considering its own state privacy law, joining California and a host of other U.S. states. Rep. Edward Neilson (D-174) is sponsoring H.B 1201. The bill was referred to the Pennsylvania House of...more

President Biden’s Executive Order on AI: Key Takeaways

The White House recently published a fact sheet for President Biden’s Executive Order on Artificial Intelligence. What does this mean to companies in the private sector? And what does it mean for your privacy compliance?...more

What Can We Learn From Recent Wiretapping Lawsuits?

Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other...more

Consumers Are Concerned About AI, FTC Says

The Federal Trade Commission is closely watching the artificial intelligence marketplace, as well as company conduct, as more AI products emerge, according to a recent FTC blog post. “We are ultimately invested in...more

CPRA Enforcement Is Coming

The California Privacy Protection Agency is currently in the middle of multiple, undisclosed investigations, according to the agency’s executive director, Ashkan Soltani....more

What Are Regulators Looking for in Privacy Notices?

The Consumer Financial Protection Bureau recently issued guidance about the legal requirements that lenders must adhere to when using artificial intelligence and other complex models. The guidance sheds light on the kind...more

What Can Estonia’s Short Term Vehicle Rental Sweep Teach Us About California?

Providers in the mobility space take note. The Estonian Data Protection Inspectorate, Andmekaitse Inspektsioon, conducted a short term vehicle rental sweep that could be important in light of a declared connected vehicle...more

California Is Going for Broke(r)

The DELETE Act (SB 362) has passed the California Legislature and is awaiting Governor Gavin Newsom’s signature. What do you need to know? You may be a data broker without realizing it: •The law applies to any business...more

Massachusetts Imposes Data Privacy Rules on Sports Betting Operators: What You Need to Know

The Massachusetts Gaming Commission recently approved new Sports Wagering Data Privacy Rules that will likely require companies to implement new policies to protect their customer’s personal information. The rules, which...more

New York Considers Restricting Employers’ Use of Electronic Monitoring, Automated Decision Tools

The New York State Senate is considering a bill that would restrict employers and employment agencies (collectively referred to as “employers”) from electronically monitoring New York employees or using automated employment...more

California Legislature Endorses White House’s AI Bill of Rights

In a joint resolution, the California legislature affirmed that both the California Assembly and Senate are commitment to President Joe Biden’s vision for safe artificial intelligence. Specifically, they expressed support...more

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