On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely to have significant influence on the rapid development of AI regulation in other jurisdictions including in the United
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AI Notetakers – Evaluating the Risks Along with the Benefits
The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe, and organize the content discussed at meetings (virtual or otherwise), enabling participants to more meaningfully participate in the meeting/discussion. They can…
New Hampshire Passes Comprehensive Consumer Data Privacy Law
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 2024 to pass a privacy law, following New Jersey. The law shall take effect…
California Invasion of Privacy Act Violations Aimed at Online Retailers
California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance customer experiences, they inadvertently tread into murky legal waters. These technologies, while valuable for optimizing websites and addressing customer inquiries, have faced a barrage of lawsuits and threats.…
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
…fuel the creation and refinement…
3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them
Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI.
Many organizations have sought to leverage the benefits of AI in various ways. An organization, for instance, can use AI to screen resumes and identify…
Nebraska Passes Genetic Information Privacy Act
On February 13, 2024, Nebraska’s Governor signed Legislative Bill 308, which enacts additional consumer protections for consumers in the state. It is similar to another genetic information law passed by Montana last year.
The law takes effect July 17, 2024 (90 days after the legislature adjourns on April 18, 2024).
Covered Businesses
The…
California Court of Appeal Reverses Halt on Enforcement of CPPA Regulations
In 2023, a California superior court halted enforcement of any final California Privacy Protection Agency regulation implemented until a period of 12 months from the date that individual regulations became final. Based on the ruling, enforcement of the initial regulations passed in March 2023 could not commence until March 2024.
The California Privacy Protection Agency…
Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification
For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require…
Top 10 for 2024 – Happy Data Privacy Day!
To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.
Automated decision-making tools, smart cameras, wearables, and similar applications, powered by technology commonly referred to as “artificial intelligence” or “AI” will continue to expand in 2024 as will the regulations…