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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

Texas Data Privacy Act: What Businesses Need to Know

On June 18, 2023, Texas enacted the Texas Data Privacy and Security Act (TDPSA), joining the rapidly growing list of U.S. states with comprehensive data privacy laws.1 The statute will take effect on July 1, 2024, except for...more

Akin Intelligence - July 2023

Welcome to the July edition of Akin Intelligence. In this month’s AI news, the U.S. Senate receives member-only briefings on AI, U.S. states continue to debate and legislate on AI issues, the U.S. prepares new AI-related...more

EEOC Releases New AI Guidance for Employers

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...more

Businesses and Consumers Prepare as the CTDPA Takes Effect on July 1

As state-level data protection legislation steadily expands, one of the country’s early comprehensive privacy laws to be enacted, the Connecticut Data Privacy Act (CTDPA), will take effect on July 1, 2023. The CTDPA imposes...more

FCC Chairwoman Jessica Rosenworcel Announces New Privacy and Data Protection Task Force; Elaborates on Data Privacy Priorities

Key Points - The FCC has launched a new “Privacy and Data Protection” Task Force to coordinate rulemaking and enforcement across the agency. Chairwoman Rosenworcel called on her fellow Commissioners to finalize...more

UK-US Data Bridge

On 8 June 2023, the UK Prime Minister and the US President jointly announced a commitment to a renewed partnership between the countries, and a framework for economic and diplomatic co-operation (the “Atlantic Declaration”1)....more

NYDFS Fines OneMain $4.25M for Cybersecurity Failures

On May 25, 2023, the New York Department of Financial Services (NYDFS) announced that  OneMain Financial Group (OneMain) will pay a $4.25 million fine pursuant to a consent order to settle alleged violations of NYDFS’s...more

Akin Intelligence - June 2023

Welcome back to Akin Intelligence! May featured major congressional hearings and state action in the United States, calls from industry and lawmakers for artificial intelligence (AI) regulation, and significant...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

Illinois Supreme Court Opens the Door for Huge Damages Claims in BIPA Actions

The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme...more

Iowa Data Protection Act: What Businesses Need to Know

On March 29, 2023, Iowa Gov. Kim Reynolds signed into law Senate File 262, the Iowa Act Relating to Consumer Data Protection (ICDPA). Taking effect nearly two years from now on January 1, 2025, the ICDPA makes Iowa the sixth...more

HHS Unveils New Cybersecurity Guide

The U.S. Department of Health and Human Services (HHS) continues to play a central role in helping health care organizations defend against cybersecurity threats, issuing cybersecurity briefs and a new cybersecurity framework...more

Colorado Privacy Act Regulations Finalized

On March 15, 2023, the Colorado Attorney General (AG) finalized its set of regulations implementing the Colorado Privacy Act (CPA) – the Colorado Privacy Act Rules (“Colorado Rules”). The Colorado Rules clarify and expand...more

New York AG Releases Data Security Guide to Help Businesses Protect Consumer Personal Information

On April 19, 2023, the New York Attorney General (AG) published “Protecting Consumer’s Personal Information: Tips for Businesses to Keep Data Safe and Secure,” outlining data security best practices based on the AG’s...more

Autonomous Systems & Advanced Mobility: 2023 Trends & Predictions

The Autonomous Systems & Advanced Mobility (ASAM) space is headed for more change in 2023, generating new opportunities and challenges for a growing list of industry players. The adoption of new, complex and connected...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

SEC Recordkeeping v. Privacy: Recent Opinion Stirs Debate

In 2018, an investment professional sued the firm he co-founded for wrongful termination and federal privacy law violations associated with the former employer’s remote accessing into a desktop computer it had purchased for...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

UK Government Proposes New AI Regulatory Regime

The UK government (the “Government”) has published proposals for a new regulatory framework for artificial intelligence (the “White Paper”). Its goal is to “provide a clear, pro-innovation regulatory environment” to make...more

CCPA Regulations Now Effective: California OAL Gives Highly-Anticipated Approval

On March 30, 2023, the California Privacy Protection Agency (CPPA) announced that the California Office of Administrative Law (OAL) has approved the CPPA’s regulations and filed them with the Secretary of State, completing...more

SEC’s New Cybersecurity & Tech Proposals Target Gaps in Incident Response and Notification

On March 15, 2023, the U.S. Securities and Exchange Commission (SEC) voted to propose three measures to protect customer information and hold covered institutions accountable for cyberattacks....more

The Biden Administration’s 2023 Cybersecurity Strategy Includes Potentially Significant Implications for the Technology Sector

On March 2, 2023, the Biden administration released the 2023 National Cybersecurity Strategy (the “Strategy”). The Strategy acknowledges that the United States “must [effect] fundamental shifts in how . . . [it] allocates...more

Just Right: Delaware Court of Chancery Adopts ‘Goldilocks’ Approach to Accrual of Red-Flag Caremark Claims

Key Takeaways - In a case of first impression, the Delaware Court of Chancery issued a decision that could give investors more time to sue corporate directors and officers for Caremark breach of fiduciary duty claims....more

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