On April 22, FTC Commissioner Melissa Holyoak delivered the opening keynote at the IAPP Global Summit, where she emphasized the importance of vigorously enforcing privacy laws while warning against stretching the FTC’s...more
Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more
3/27/2025
/ Algorithms ,
Automated Decision Systems (ADS) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
Disclosure Requirements ,
EU ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Regulatory Requirements ,
Rulemaking Process
On March 10, the California attorney general’s office announced an “ongoing investigative sweep into the location data industry” (“investigative sweep”) for compliance with the California Consumer Privacy Act’s (“CCPA”)...more
3/17/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Management ,
Data Privacy ,
Enforcement Actions ,
Information Governance ,
Location Data ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws
On Jan. 16, the Federal Trade Commission (FTC) announced long-awaited and significant updates to the Children’s Online Privacy Protection Act (COPPA) Rule, the first revisions since 2013. These updates apply to online...more
On Nov. 8, the California Privacy Protection Agency (CPPA) Board voted to advance several significant privacy regulations, including new provisions under the CCPA affecting data brokers, as well as the initiation of the...more
As it did with data privacy, California seeks to lead the charge when it comes to regulating the use and deployment of Artificial Intelligence (AI) tools. Joining Colorado and Utah, the other two states with enacted AI laws,...more
“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more
10/21/2024
/ Arbitration ,
Consumer Privacy Rights ,
Corporate Counsel ,
E-Commerce ,
Goods or Services ,
Internet Streaming ,
Online Videos ,
Personally Identifiable Information ,
Putative Class Actions ,
Video ,
VPPA ,
Web Tracking
On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more
8/5/2024
/ California ,
CDPA ,
COPPA ,
Data Collection ,
Enforcement Actions ,
Enforcement Priorities ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Minors ,
Mobile Apps ,
Online Safety for Children ,
Personal Data ,
Personal Information ,
ROSCA ,
Unfair or Deceptive Trade Practices ,
Websites
A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more
Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more
6/28/2024
/ Covered Entities ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
OCR ,
PHI ,
Tracking Systems ,
Web Tracking
An Internet Protocol (IP) address is a unique identifier assigned to a device that is connected to a computer network. In the internet ecosystem, the IP allows a network host to communicate with a network participant and...more
Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....more
Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...more
4/1/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
PHI ,
State Legislatures
Regulators and plaintiffs’ attorneys are increasingly focused on privacy harms related to the collection and use of personal data. Could privacy enhancing technology (PETs) be a solution to these concerns?...more
2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more
1/24/2024
/ Arbitration ,
CIPA ,
Consumer Information ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Defense Strategies ,
Invasion of Privacy ,
Litigation Strategies ,
Privacy Laws ,
Risk Mitigation ,
URLs ,
Video Privacy Protection Act ,
Web Tracking ,
Webinars ,
Wiretap Act
This webinar will offer insight into the Biden Executive Order on Artificial Intelligence, with a specific focus on: (1) scope of EO and stakeholder views on privacy in the EO; (2) alignment with existing privacy standards...more
The U.S. Copyright Office (“Office”) has issued a notice of inquiry (NOI) in the Federal Register indicating its intent to study copyright law and policy issues raised by generative artificial intelligence (AI), and seeking...more
In a surprise turn of events, the Superior Court of California for the County of Sacramento sided with the California Chamber of Commerce and held that the California Privacy Protection Agency (“Agency”) is stayed from...more
On May 22 the Irish Data Protection Commission (“DPC”), Ireland’s data privacy watchdog, issued its final and binding decision against Meta with respect to Facebook’s exporting of personal data from Europe to the US from July...more
On April 17, the Washington State legislature passed the “My Health My Data Act” (“MHMDA”), which Governor Jay Inslee is expected to sign into law. If passed, the MHMDA’s new rules would take effect on March 31, 2024. In...more
ChatGPT’s recent public debut caused a public stir with commentators imagining the tool’s ability to both streamline individual workflows and reduce workforces. ChatGPT is one type of a large language model (LLM) that...more
Before a business deploys an Artificial Intelligence/Machine Learning (AI/ML) or automated technology, there are three critical considerations: Contracts, Compliance, and Culture. This article is the second in a series and...more
Clark Hill is proud to invite you to its inaugural, in-person program, where legal, in-house and technical professionals will delve into the latest cyber and privacy topics and trends. Panelists will share insight into...more
In the age of innovation, many businesses are leveraging AI/ML technologies and automated decision-making tools to advance business objectives, save time and reduce costs.
Join us for a panel, which will consolidate the...more
On Feb. 17, in a close 4-3 decision, the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004, ruled that a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accrues with every scan...more