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Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

November 2022 AFS Privacy Report: FTC Is Tracking Twitter Developments With “Deep Concern”

FTC Is Tracking Twitter Developments With “Deep Concern” - Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more

Privacy Report

CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates - The California Privacy Protection Agency (CPPA) has announced amendments to the California Privacy Rights Act proposed regulations, which primarily...more

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

Connecticut Passes the Fifth US State Consumer Privacy Law - The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more

Privacy Shield 2.0 On The Horizon

The European Union (EU) and the United States (US) government have now reached an agreement in principle for a “Privacy Shield 2.0” to replace the original Privacy Shield Framework that was invalidated under the Schrems II...more

Privacy Report: United Kingdom New Standard Contractual Clauses Submitted to Parliament

United Kingdom New Standard Contractual Clauses Submitted to Parliament - The United Kingdom has finalized its new International Data Transfer Agreement and Addendum to the new EU standard contractual clauses. Subject to...more

Privacy Report: FTC Warns Companies to Remediate Log4j Security Vulnerability

FTC Warns Companies to Remediate Log4j Security Vulnerability - Log4j is a ubiquitous piece of software used to record activities in a wide range of systems found in consumer-facing products and services. Recently, a...more

GDPR Refresh: What Is a Data Transfer?

The EDPB releases guidelines to clarify a simple but surprisingly confusing question, "What is a data transfer under the GDPR?" In light of the new guidelines, businesses should review potential transfer activities and ensure...more

US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence

US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence - The Dep’t of Homeland (DHS) Security Science and Technology Directorate recently published its Artificial Intelligence & Machine...more

Third-Party Cookies Going Stale: The Depletion of Third-Party Cookies

Tides of change in the digital advertising and regulatory landscape over the last few years have recently ushered in an increasingly likely future without third-party cookies. Background – An Abbreviated History of Recent...more

Spring Cleaning for the ‘Other’ European Privacy Law: ePrivacy Directive Update

According to the Council of the European Union, there are plans to move forward with replacing the Cookie Directive with the ePrivacy Regulation. Background on the ePrivacy Directive - While the General Data...more

Proposed Canada Privacy Bill with Significant Fines and Enforcement Authority

The DCIA was introduced on November 17, 2020, to replace Canada’s current national privacy law for the private sector, the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA came into force in...more

CPRA Passes, Further Bolstering Privacy Regulations and Requirements in California

The CPRA, also referred to as CCPA 2.0, is a more robust version of the CCPA. The original drafter of the CCPA put CPRA on the ballot to amend and bolster key provisions in the CCPA....more

Interactive Council Newsletter: Privacy Report: Airline Sues Software Provider Over Data Breach

Delta Sues Software Provider Over Data Breach - Delta Airlines sued its customer service chat provider, [24]7.ai Inc., in New York federal court accusing it of lax digital security practices that allowed a hacker to steal...more

‘Click Here to Accept Updated Cookie Guidance’

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more

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