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 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
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 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
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
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
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
The United Kingdom’s Information Commissioner’s Office recently issued a report on Quantum technologies and data protection. What are we discussing with clients?...more
There have been some highly publicized privacy statement revisions. Here are some lessons we are discussing with clients:
•Regulators are putting a high value on transparency and they are looking specifically at privacy...more
Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more
There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients?
•Personal data is broader than you think: Things like average speed; acceleration events, hard...more
Recently, the Office of the New York State Attorney General (OAG) issued an advisory warning business that website tracking technology may violate New York consumer protection laws, including the state’s Uniform Deceptive...more
New guidance from the Federal Trade Commission clarifies that hashes aren’t “anonymous,” can still be used to identify users, and their misuse can lead to harm. Some key points:
•For background, hashing involves taking a...more
What are the top 5 data privacy concerns for my clients the past couple of months? Here are some notes I recently compiled for a meeting of Fox Rothschild’s national Privacy Law Practice Group.
Patchwork Paralysis -
•How...more
U.S. companies thinking about falling back on “disproportionate” effort for access requests under the new U.S. privacy laws because they require compiling too many documents should think again.
The Berlin Administrative...more
Governor Tina Kotek recently established the Oregon State Government AI Advisory Council. The council will develop recommendations for its utilization of artificial intelligence throughout state government, while honoring...more
Pennsylvania is considering its own state privacy law, joining California and a host of other U.S. states.
Rep. Edward Neilson (D-174) is sponsoring H.B 1201. The bill was referred to the Pennsylvania House of...more
The White House recently published a fact sheet for President Biden’s Executive Order on Artificial Intelligence.
What does this mean to companies in the private sector? And what does it mean for your privacy compliance?...more