Following a wave of “session replay” wiretapping lawsuits in the United States, France’s Commission Nationale de l’Informatique et des Libertés (CNIL) has launched a consultation on tools for recording and replaying browsing...more
The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more
4/8/2025
/ Article III ,
California ,
CIPA ,
Class Action ,
Data Collection ,
Invasion of Privacy ,
Motion to Dismiss ,
Privacy Laws ,
Privacy Policy ,
Standing ,
Websites
The office of the Oregon Attorney General recently releases a six-month enforcement report regarding the Oregon’s Consumer Privacy Act (OCPA). What are we discussing with our clients?...more
3/12/2025
/ Compliance ,
Consumer Privacy Rights ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Nonprofits ,
Oregon ,
Privacy Laws ,
Regulatory Requirements ,
State Privacy Laws
Is the EU AI Act a Jenga piece that can easily be removed from the regulatory tower? Here are some key points from the “AI Regulation – a critical comment” workshop at the Alpine Privacy Days Conference, courtesy of Florent...more
On the heels of the formation of the House Privacy Working Group, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Vice Chairman of the House...more
Hawaii’s State Data Office recently issued a series of guidance documents for its state agencies on how to handle artificial intelligence. This includes guidance on data protection, data retention and use of Generative AI....more
2/18/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Hawaii ,
Information Security ,
Privacy Laws ,
Regulatory Requirements ,
Risk Management ,
State Privacy Laws
Federal Trade Commission Commissioner Melissa Holyoak spoke last week at a conference in Miami about “a new season at the FTC.”
What can we learn from Holyoak’s comments about the FTC’s plans for AI regulation and free...more
The European Commission recently issued a formula for identifying Artificial Intelligence Systems:
Machine-based system-
Designed to operate with varying levels of autonomy-
•Some degree of independence of actions from...more
2/10/2025
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Data Privacy ,
Data Protection ,
EU ,
European Commission ,
Machine Learning ,
Regulatory Agenda ,
Technology ,
Technology Sector
A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more
1/31/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Protection ,
Gambling ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
UK ,
UK GDPR
The New Jersey Attorney General recently issued guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination....more
The old saying goes, “Don’t mess with Texas.” The same can be said of the Texas Privacy Act. The Texas Department of Information Resources recently issued an implementation status for the act....more
App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more
1/17/2025
/ CNIL ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
Mobile Apps ,
Personal Data ,
Privacy Laws ,
Privacy Policy
There is more to learn from the European Data Protection Board’s recent opinion on AI models. I previously reviewed the EDPB’s take on what the consequences could be for the unlawful processing of personal data in the...more
The European Data Protection Board’s recent opinion on AI models can be useful in several ways. Last week, I covered EDPB’s take on what the consequences could be for the unlawful processing of personal data in the...more
The European Data Protection Board recently issued an opinion on AI models, shedding light on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model on the...more
The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more
Here are eight recent developments in privacy law you should consider as you get ready for the holidays. Don’t Lie on Your AI -
•The U.S. Federal Trade Commission recently issued a new enforcement action on AI...more
So you have a court order from a U.S. court seeking data? In the words of Shania Twain, “That don’t impress me much!” The European Data Protection Board recently issued an opinion on cross border transfers pursuant to Art 48...more
I recently had the pleasure of speaking with the Atlantic County Bar Association. Here are some of the key takeaways from my presentation: Employees are “consumers” under the California Consumer Privacy Act. It requires:...more
To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more
The California Privacy Protection Agency is going after data brokers.
The CPPA board voted earlier this month to adopt new regulations regarding data broker registration requirements. If approved, the regulations will...more
The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more
Sixteen data protection authorities recently confirmed that controllers must protect their properties from web scraping. And that includes web scraping for the purpose of training AI....more
The U.S. Department of Labor recently released new principles on the ethical use of artificial intelligence. Here are some of the things we are working on with employers and other clients, including tech developers....more