Throughout the 2024 legislative session, we have been tracking numerous privacy- and AI-related bills pending in California. Ten of those bills passed the state legislature before the legislative session ended on August 31...more
10/7/2024
/ Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data-Sharing ,
Machine Learning ,
Minors ,
Opt-Outs ,
Personal Information ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more
9/16/2024
/ Biometric Information ,
Colorado ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Privacy ,
Minors ,
Opinion Letter ,
Proposed Amendments ,
State Privacy Laws
On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Data Privacy ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more
Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more
8/22/2024
/ Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights Act ,
Illinois ,
Machine Learning ,
Popular ,
Protected Class ,
Wage and Hour
Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more
8/21/2024
/ Appellate Courts ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Goods or Services ,
Impact Assessments ,
Minors ,
Online Marketplace ,
Popular ,
Unconstitutional Condition
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
8/20/2024
/ Artificial Intelligence ,
Consumer Service Agreements ,
Contract Terms ,
Contractual Safeguards ,
Data Protection ,
Data-Sharing ,
Due Diligence ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Intellectual Property Protection ,
Liability ,
Risk Assessment ,
Vendors
Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more
8/19/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Disclosure Requirements ,
Online Safety for Children ,
Personal Information ,
Social Media ,
State Privacy Laws ,
User-Generated Content
Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date.
We are currently tracking thirteen...more
8/12/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
Social Media ,
State Privacy Laws ,
Transparency
On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law. The bill amends the Illinois Biometric Information Privacy Act (BIPA) to limit the number of claims that can be brought under the law’s private right...more
Keypoint: Although New York lacks a consumer data privacy law, the New York Attorney General’s office has taken the position that New York’s consumer protection laws require entities to implement certain tracking technology...more
Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more
Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more
Keypoint: The settlement, which includes a $500,000 fine and injunctive relief, arises out of alleged violations of the CCPA’s children’s privacy provisions and COPPA. On June 18, 2024, the California Attorney General...more
6/20/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
CARU ,
COPPA ,
Corporate Counsel ,
Mobile Apps ,
Online Gaming ,
Personal Information ,
Settlement ,
Software Developers ,
State Attorneys General
Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more
6/17/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Rhode Island ,
State Privacy Laws ,
Transparency
Keypoint: Assuming the bills become law and go into effect, operators of websites and online services that collect the personal data of minors and are subject to the bills will need to undertake several compliance activities....more
Keypoint: The California legislature is considering several bills that, if passed, would add to the nation’s emerging legal patchwork governing the use of artificial intelligence. In mid-May, Colorado Governor Jared Polis...more
Keypoint: The Minnesota bill contains several unique requirements and provisions, including a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing...more
Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on...more
5/13/2024
/ Artificial Intelligence ,
Biometric Information ,
Colorado ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation
Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial...more
5/9/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Colorado ,
Corporate Counsel ,
Duty of Care ,
Duty to Disclose ,
Enforcement ,
Equal Opportunities ,
Legislative Agendas ,
Notification Requirements ,
Proposed Legislation ,
Risk Management ,
State and Local Government
Keypoint: Last week, bills advanced in Colorado and California while, with legislatures in multiple states set to close this week, we will know the fate of significant bills in the coming days. Below is the fifteenth weekly...more
Keypoint: Colorado employers and controllers that collect and process biometric data and identifiers will need to comply with disclosure, consent, and retention requirements beginning on July 1, 2025. In late April, the...more
Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills....more
Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an...more
Keypoint: Last week, the Nebraska Governor signed the Nebraska Data Privacy Act into law, the Maine legislature closed without passing a consumer data privacy bill, Colorado’s biological/neural data bill was signed into law,...more