Businesses have until March 27, 2023, to respond to a series of questions from the California Privacy Protection Agency to inform its upcoming rulemaking on automated decision-making systems under the California Privacy...more
The US National Institute of Standards and Technology (NIST) has officially released the initial version of its Artificial Intelligence Risk Management Framework (AI RMF). The AI RMF is one of the first international...more
Adding to a long list of privacy and cybersecurity obligations, gaming companies are now subject to specific regulations in Massachusetts, which break new ground for an industry awash in data. On January 6, 2023, the...more
New York City’s Local Law 144 prohibits employers and employment agencies from using “automated employment decision tools” (AEDTs) to assess hiring and promotion decision unless such tools have undergone an independent bias...more
New York City’s new law concerning artificial intelligence in employment decisions will still go into effect on January 1, 2023, but enforcement has been delayed until April 15, 2023. NYC employers subject to the law should...more
Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more
The California Privacy Protection Agency has released draft privacy regulations as part of its efforts to implement the California Privacy Rights Act. We describe five key observations in this client alert....more
The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more
At first glance, a first-in-the-country law recently enacted by New York City may seem fairly straightforward. But its brevity belies its potential impact on employers that recruit or promote within New York City. The law...more
2/3/2022
/ Artificial Intelligence ,
Automation Systems ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employment Agencies ,
Hiring & Firing ,
Human Resources Professionals ,
Recruitment Policies ,
State Labor Laws
On June 2, Nevada’s Governor approved amendments to NRS 603A.300-360, the state’s internet privacy legislation. The amended law would expand the definition of “sales” to mean transfers of covered information to operators or...more
On June 2 and 3, the U.S. National Institute of Standards and Technology (NIST) held a workshop focused on the President’s recent Executive Order on Improving the Nation’s Cybersecurity (Order) during which government...more
Although the U.S. has no federal law that specifically regulates artificial intelligence (AI), the Federal Trade Commission (FTC) has indicated that it may be preparing to exercise its consumer protection authority with...more
6/10/2021
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Bias ,
Big Data ,
Discrimination ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Personal Data ,
Popular ,
Regulatory Oversight ,
Section 5 ,
Unfair or Deceptive Trade Practices
As we have previously highlighted, the California Privacy Rights Act (CPRA) has created several new consumer rights that will require businesses to change existing California Consumer Privacy Act (CCPA) compliance programs. ...more
Virginia is on track to be the second U.S. state to enact comprehensive consumer privacy legislation. Both the Virginia House of Delegates and the Virginia Senate have passed nearly identical versions of the Consumer Data...more
2/10/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda ,
Risk Management ,
State and Local Government
It’s official. The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. And if polling from late last year remains accurate, California voters are likely to approve...more
6/26/2020
/ Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personally Identifiable Information ,
State and Local Government
On June 1, The California Attorney General (CA AG) submitted the final text of the CCPA regulations to the California Office of Administrative Law (OAL) for approval. ...more
6/2/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On March 11, The California Attorney General (CA AG) released a second set of modifications to the proposed regulations implementing the California Consumer Privacy Act (CCPA)....more
3/13/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Digital Service Providers ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Right to Delete ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On Friday, February 7, 2020, the California Attorney General (CA AG) released notice of changes to the California Consumer Privacy Act (CCPA) draft regulations. Initial draft regulations were published for public comment on...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
Alongside its flurry of CCPA amendments last term, the California legislature passed Assembly Bill 1202 (AB 1202), the nation’s second “data broker” registration law. AB 1202 requires “data brokers” to register with and pay...more
1/27/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Sellers ,
Deadlines ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Registration Requirement ,
Regulatory Requirements ,
State and Local Government ,
State Attorneys General ,
Third-Party Relationships
Washington State is already shaping up as a center of state privacy legislation for 2020.
Last year, SB 5376 (also known as the Washington Privacy Act, or WPA) gained significant traction in the legislature, passing the...more
1/14/2020
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Proposed Legislation ,
Right to Delete ,
State and Local Government
On October 22, the Interactive Advertising Bureau (IAB), a media and marketing industry trade group, released for public comment the California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies...more
11/1/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Sellers ,
Framework Agreement ,
Interactive Advertising Bureau ,
Internet ,
Online Advertisements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Publishers ,
Targeted Digital Advertising ,
Technology Sector ,
Websites
On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence...more
In June of 2018, California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective January of 2020 and may...more
4/5/2019
/ California Consumer Privacy Act (CCPA) ,
Data Management ,
Data Protection ,
Educational Institutions ,
FERPA ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Oversight ,
Regulatory Requirements ,
Student Privacy ,
Student Records ,
Threshold Requirements