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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more
Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more
The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more
On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more
Twelve new state comprehensive data privacy laws are set to go into effect over the next two years as the United States continues to catch up to foreign jurisdictions like the European Economic Area (EEA), making a total of...more
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more
On July 16, 2024, the National Data Protection Authority (ANPD) published Resolution No. 18/2024 (Resolution 18) outlining rules on the appointment, definition, duties and activities of a Data Protection Officer (DPO) in...more
Rhode Island has become the 19th U.S. state to enact a comprehensive privacy law. On June 25, Rhode Island Governor Daniel McKee (D) transmitted the Rhode Island Data Transparency and Privacy Protection Act (RI-DTPPA) into...more
As Artificial Intelligence (AI) continues to evolve and integrates into business processes, the Office of the Privacy Commissioner for Personal Data (PCPD) released its Artificial Intelligence: Model Personal Data Protection...more
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
The regulation of artificial intelligence (AI) has drawn significant interest from policymakers in the US, particularly at the state level. There has been a recent slew of legislative activity with respect to comprehensive AI...more
They say everything is bigger in Texas which includes big privacy protection. After the Texas Senate approved HB 4 — the Texas Data Privacy and Security Act (“TDPSA”), on June 18, 2023, Texas became the eleventh state to...more
This blog post focuses on the transparency requirements associated with certain limited-risk artificial intelligence (AI) systems under Article 50 of the European Union’s AI Act....more
In late April, Colorado took a major step toward adding further complexity to the already fragmented U.S. biometrics legal landscape with the passage of HB 1130. The bill, which amends the Colorado Privacy Act (CPA), is...more
The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on...more
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others)....more
On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...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
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more
The U.S. cybersecurity and data privacy law framework continues to evolve and expand rapidly. Here, we share a summary of the eight new state data privacy and security laws that will take effect in 2024 and 2025. Businesses...more
State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect...more