News & Analysis as of

Surveillance

Bradley Arant Boult Cummings LLP

PART 3: Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation

As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the...more

Jackson Lewis P.C.

Managing the Managers: Governance Risks and Considerations for Employee Monitoring Platforms

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In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These...more

Shipkevich PLLC

New York Leads State Consumer Protection Efforts Amid Federal Pullback, Pennsylvania in Tow

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In the wake of reduced federal oversight following the Trump Administration’s rollback of the Consumer Financial Protection Bureau (“CFPB”), New York has emerged as a national leader in filling the regulatory void, with...more

Coblentz Patch Duffy & Bass

California Assembly Weighs Nation’s Broadest AI-Driven Workplace Surveillance Bill: AB 1221 Raises the Bar, and the Stakes, for...

In a move that could reshape day-to-day people-management practices across the state, the California Legislature is advancing Assembly Bill 1221 (“AB 1221”), a sweeping proposal that would regulate how employers deploy...more

Ius Laboris

Israeli Court Rules on Cameras in the Workplace

Ius Laboris on

Security cameras have become commonplace in workplaces, raising concerns about potential privacy violations for employees. The increasingly widespread use of camera surveillance raises several important legal questions,...more

Proskauer - California Employment Law

“Somebody’s Watching Me” – What You Need to Know About California’s Proposed AI Employee Surveillance Laws

California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more

Venable LLP

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

Venable LLP on

Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – EU announces further AI initiatives, IEA releases report on AI, Energy, and Climate, DOGE uses AI to monitor...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Fisher Phillips

Protecting Data While Traveling Internationally: An Employer’s Guide for Foreign Nationals and Other Global-Traveling Workers

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International travel may pose serious data security risks – especially for your foreign national workers carrying sensitive, proprietary, or regulated information. Travelers must be aware of potential border inspections,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

Benesch

AI Reporter - March 2025

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Google removed its organizational ban on the use of AI for weapons and surveillance systems. The change eliminates key portions of the tech giant’s AI Principles that banned such uses. These principles, established in 2018,...more

BakerHostetler

Consumer Brands Association CPG Legal Forum 2025

BakerHostetler on

Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum....more

Fisher Phillips

The 3 Biggest Concerns for California Employers About Sweeping Employee Surveillance Bill

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California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more

Osano

The Privacy Insider Podcast Episode 11: Signal and Noise: The New Administration, Privacy, and Our Digital Rights with Cindy Cohn...

Osano on

Digital rights, privacy, and government policies have been a hot topic over the past month as the Trump Administration comes on board. But the truth is, data protection and safeguarding our freedoms are not partisan issues....more

HaystackID

The Great Encryption Standoff: Apple vs. the UK’s Surveillance Push

HaystackID on

In the quiet corridors of Apple’s headquarters, executives face a decision that could reshape the future of digital privacy for billions of users worldwide. The catalyst? A controversial order from the United Kingdom’s...more

McCarter & English, LLP

FTC Surveillance Pricing Study Finds Personal Data Is Used to Set Individualized Consumer Prices and Generate Higher Profits for...

On January 17, 2025, the US Federal Trade Commission (FTC) released the preliminary observations and findings from its ongoing study of surveillance pricing. According to the FTC, surveillance pricing occurs when companies...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

Tucker Arensberg, P.C. on

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

BCLP

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

BCLP on

On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

Miller Nash LLP

Veritas Means Truth: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

Miller Nash LLP on

On Tuesday, January 7, 2025, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Lowenstein Sandler LLP

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order...more

EDRM - Electronic Discovery Reference Model

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

In Reddick v. State, __ Md. App __, 2024 WL 4633506 (Apls. Ct. Md. Oct. 31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was...more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

Akin Gump Strauss Hauer & Feld LLP

Guidelines on the Export of Cyber-surveillance Items Under Article 5 of Regulation 2021-821

In 2021, the European Union (EU) updated the EU Dual-Use Regulation, setting unified standards for EU member states to control exports of dual-use items. A key addition in Regulation (EU) 2021/821 is Article 5’s “catch-all...more

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