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Akin Intelligence - April/May 2024

Welcome to the April-May edition of Akin Intelligence. This edition is a double header, covering both months as we prepare for the launch of our new AI Hub—a one-stop resource for AI coverage that will launch soon. Starting...more

FTC Requires Non-Banking Financial Institutions to Report Data Security Breaches

Beginning May 11, 2024, non-banking financial institutions regulated by the Federal Trade Commission (FTC) will be required to submit notifications of data breaches or other security events that impact 500+ consumers. The FTC...more

FTC Proposes Updates to COPPA Rule

On January 18, 2024, the Federal Trade Commission (FTC) discussed its long-anticipated proposed changes for the Children’s Online Privacy Protection Rule (COPPA) in an open meeting. Released in a notice of proposed...more

FTC’s Proposed Settlement with Blackbaud Requires Data Deletion and Data Governance

On February 1, 2024, the Federal Trade Commission (FTC) announced that it had reached a proposed settlement with that would require Blackbaud Inc. (“Blackbaud”) to delete personal data it does not need to retain and upgrade...more

Akin Intelligence - January 2024

Welcome to the January edition of Akin Intelligence. Artificial Intelligence (AI) remains a key area for state and federal legislators in the new year. State executives and legislators continue to propose AI-related...more

Akin Intelligence - November 2023

Welcome to the November edition of Akin Intelligence. Looking back, October 2023 may be remembered as the month when the U.S. government tried to assume the mantle of global leadership on responsible artificial intelligence...more

Akin Intelligence - October 2023

Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

Akin Intelligence - August 2023

Welcome back to Akin Intelligence: Hot AI Summer Edition! This month’s newsletter reflects the ongoing and increasing global activity around artificial intelligence (AI), including more proposed AI legislation and court...more

As Biometrics Technologies Evolve, Consumer Risks Follow, Warns FTC

In a policy statement released on May 18, 2023, the Federal Trade Commission (FTC) warned of several consumer data privacy risks related to the increasing commercial use of biometrics technologies.  The Commission unanimously...more

FTC Commercial Data Surveillance Crack Down: Kochava Gains a Win in Data Privacy Suit

On May 4, 2023, an Idaho federal judge ruled that the Federal Trade Commission (FTC) needs stronger assertions of consumer harm in order for its data privacy suit against data broker/mobile analytics provider Kochava Inc....more

Washington State Expands Privacy Protections for Health Data

On April 27, 2023, Washington Governor Jay Inslee signed the My Health My Data Act (the “Act”) into law, establishing new limits on the collection, use and sharing of “consumer health data” and creating numerous compliance...more

New AI Legislative Framework Announced

A new legislative framework to regulate artificial intelligence (AI) was recently unveiled by Senate Majority Leader Chuck Schumer (D-NY). The effort, expected to span across multiple congressional committees, is centered on...more

Federal AI Developments: Leader Schumer Unveils AI Legislative Framework, Reintroduction of AI for National Security Act and FTC...

On Thursday, April 13, Senate Majority Leader Chuck Schumer (D-NY) announced his work with stakeholders on a new legislative framework to regulate artificial intelligence (AI), combined with bolstered oversight efforts. The...more

The New Consumer Data Privacy Trap: How to Avoid Pitfalls of Dark Patterns

Growing regulatory action to combat so-called “dark patterns” used in web design to influence consumer choice has resulted in hundreds of millions of dollars in fines, and promises to continue to be an area of enforcement in...more

FTC’s First-of-Its-Kind Health Breach Notification Rule Enforcement Action

On February 1, 2023, the Federal Trade Commission (FTC) announced that it had taken enforcement action against prescription drug discount company GoodRx, which agreed to injunctive relief and to pay a $1.5 million civil...more

State and Federal Crackdown on Data Breach: EyeMed, Carnival Cruise & CafePress Settlements

This year has seen some substantial new data breach settlements including a $500,000 Federal Trade Commission (FTC) fine against CafePress, a $1.25 million multi-state class action settlement and $5 million New York...more

Lawmakers Unveil Landmark Bipartisan Privacy Proposal

Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more

FTC Orders Company to Delete Algorithms Made with Data Alleged to be Improperly Obtained

The Federal Trade Commission (FTC) reached a settlement with weight loss company WW International (formerly known as Weight Watchers) requiring the company to pay a $1.5 million penalty, delete the personal information of...more

FTC Issues Stern Warning to Companies to Address Known Cybersecurity Vulnerability

The Federal Trade Commission (FTC) issued a surprisingly strong warning to companies that they may face potential regulatory action if they fail to address known vulnerabilities, focusing in particular on the Log4j...more

Key Privacy/Data Security Takeaways: Senate Commerce Committee’s FTC Hearing

On Tuesday, April 20, the Senate Commerce, Science and Transportation Committee held a hearing on the Federal Trade Commission’s (FTC) authority to protect consumers. The hearing featured discussion from lawmakers on the...more

FTC Requires Company to Delete Proprietary Algorithm as Penalty for Alleged Misuse of Data

In an unusual departure from prior settlements, the Federal Trade Commission (FTC) has required a company to delete the facial recognition algorithm that was allegedly developed using improperly obtained user consent....more

FTC and Mortgage Analytics Company Settle on Allegations of Third-Party Vendor Failing to Protect Consumer Data

A data analytics company for the mortgage industry is facing allegations of violating the Gramm-Leach Bliley Act (GLBA), stemming from a data breach of a third-party vendor. In its complaint, the Federal Trade Commission...more

Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information

In August, Viacom and a number of other app developers and ad-tech companies reached a settlement with parents who had alleged that the companies were illegally selling children’s personal information for behavioral...more

Status Report on Federal Privacy Developments Heading into the Fall

• The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020. The window of opportunity to pass federal privacy legislation to preempt the CCPA in the 116th Congress is rapidly closing. • Discussions are...more

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