On June 30, the Northern District of Illinois vacated the $228 million in damages awarded in the first jury trial arising under Illinois’ Biometric Information Privacy Act and ordered a new jury trial limited to the determination of damages. The case, Rogers v. BNSF Railway, Co. was brought on behalf of a class of truck…
In an era where artificial intelligence (AI) rapidly integrates into the operational fabric of virtually every business and organization, it has become crucial to implement applicable workplace policies. Notwithstanding its multitude of benefits, the utilization of AI-powered applications and tools also introduces a series of potential challenges, some of which can entail significant legal risks…
In a recent legal action that rings familiar to tech industry observers, X Corp., previously known as Twitter, has filed a lawsuit against Bright Data alleging web scraping activities. Reckoned as a data collection company, Bright Data offers – among several other services – its trademark “website scraping” solutions. The practice of data scraping, however…
The California Privacy Protection Agency (CPPA) has recently laid forth its plans for a meeting scheduled for September 8, during which, a preliminary draft of the Cybersecurity Audit Regulation and a draft Risk Assessment Regulation will be presented. While the introduction of the formal rulemaking process is yet to commence, the current drafts are set…
Class action lawsuits against Papa Johns and GameStop faced a recent setback, as U.S. District Judge Nicholas Ranjan of the Western District of Pennsylvania granted dismissals on the grounds of lack of jurisdiction and lack of standing, respectively. The plaintiffs alleged that the usage of session replay code on these companies’ websites contravened the Pennsylvania…
In recent weeks, California Attorney General Rob Bonta has been particularly active, embarking on an “investigative sweep” into employer compliance with the California Consumer Privacy Act (CCPA) and issuing warnings to employers about employer-driven debt restrictions. Bruce Sarchet and Corinn Jackson of Manatt, Phelps & Phillips, LLP report the surprising developments. AG Bonta’s primary focus…
Singapore’s data protection authority published proposed guidelines on the use of personal data within artificial intelligence (AI) systems on July 18, 2023. These guidelines, titled as the Proposed Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems, aim to shed light on how the city-state’s privacy laws will apply to organizations…
Privacy certifications are no longer just beneficial additional credentials on a resume for those seeking employment opportunities in the modern marketplace. According to the 2023 IAPP Privacy Professionals Salary Survey, they can have significant impacts on the salary and employability of those in privacy-related professions. Professionals with privacy certifications have reportedly been earning more than…
As we reach the end of our detailed analysis of the My Health My Data Act of Washington State (“WMHMDA”), part twelve examines the advice issued by the Washington Attorney General on this complex and powerful legislation. Throughout this series, we have aimed to provide crucial insights for legal professionals working with or within the…
As the healthcare industry continues its wave of consolidations and changes brought about by the economic implications of the COVID-19 pandemic, legal considerations around the disclosure of Protected Health Information (PHI) come to the forefront. Specifically, the circumstances and legalities surrounding the disclosure of PHI upon the sale of a medical practice raise numerous challenges….
With an increasing number of companies turning to artificial intelligence (AI) to bolster competitiveness and profitability, the National Institute of Standards and Technology’s (NIST) AI Risk Management Framework can serve as an instrumental tool for understanding, managing and mitigating AI risk effectively. This framework, despite being created primarily for federal authorities, is being utilized by…
In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) raised concerns regarding privacy and security risks that are associated with certain online tracking technologies. These agencies issued a joint letter addressed to around 130 hospital systems and telehealth providers, thus potentially attracting…
In the evolving landscape of digital transformations, the distinction between data governance and information governance has become increasingly significant. The JD Supra article highlights the importance of understanding the vital differences between the two terms that often seem interchangeable, but are not. Data governance and information governance share overlapping principles, but each has a unique…
With increasing incidence of “First Amendment Audits” in district offices and schools, it is paramount for districts to formulate pre-emptive strategies. Amidst these audits, individuals, or groups, enter a school district lobby, initiate filming, and subsequently publish the recorded interactions online. This article aims to provide an insight into how to prepare for such an…
A Washington, D.C. resident, who coincidentally shares his name with a famous figure from the US founding era, conceded his guilt earlier this week to recording covert grand jury proceedings. The privacy breach took place in a local court and the man subsequently posted the footage to social media and sent it in text messages…
The Federal Trade Commission (FTC) has recently initiated an investigation into OpenAI’s ChatGPT product. Regulators, AI developers, and privacy practitioners alike are keenly watching the unfolding story, given its potential to shape future federal scrutiny of privacy issues in relation to AI technology. The investigation by FTC is particularly focused on OpenAI’s use of personal…
Recent news from the legislative department of Texas indicates a significant amendment in its data breach notification law. The updated law will be effective starting from September 1, 2023. According to the legal professionals of Sheppard Mullin Richter & Hampton LLP, there are two notable changes to the requirements for notifying the Texas Attorney General…
As artificial intelligence (AI) continues to permeate various sectors, its integration into the workplace is both inevitable and imminent. The myriad of potential benefits AI can bring to corporate workflow and efficiency has been well-documented. But as noted by Burr & Forman on JDSupra, it’s crucial for companies and their legal representatives to understand their…
The Attorney General (AG) and federal regulators play pivotal roles in shaping legal landscapes across the U.S., making significant decisions that impact various sectors in significant ways. Here, we delve into several key stories highlighting areas where the influence of state and federal regulators is particularly salient. In Montana, the AG is playing a key…
The month of August 2023 delivered several important developments in UK employment law. This article highlights some of the major shifts with influence on corporations and law firms across the globe. Firstly, the most notable update revolves around ACAS (Advisory, Conciliation and Arbitration Service) guidelines relating to employee rights during sickness absence and holiday entitlement….
In a potentially pivotal move for transnational data privacy and protection standards, the Dubai International Financial Centre (DIFC), considered the foremost international financial hub in the region, has offered a green light on cross-border transfers of personal information to California. This decision, as noted in this article, was issued on August 9th by the Commissioner…
The Consumer Financial Protection Bureau (CFPB) has entered major discussions revolving around the changing role of data brokers in the current digital economy. Rohit Chopra, the CFPB’s Director, recently announced plans to frame a new rule under the Fair Credit Reporting Act (FCRA) that would expand the definition of a “Consumer Reporting Agency” to encapsulate…
In a move signaling its intent to impose significant burdens on businesses subject to its regulations, the California Privacy Protection Agency (“Agency”) has published a set of draft regulations. Although these rules are not yet part of the formal rulemaking process, they focus on two key areas: risk assessments and cybersecurity audits. The draft regulations…
As the applications of tracking technology continue to expand, numerous professionals across various sectors are taking a critical look at the implications these tools, namely, pixels and cookies, have on data privacy. This recent article provides an insightful overview of the subject, focusing on how companies of all sizes are incorporating these technologies into their…
China’s perspective on data privacy and cybersecurity has been under the spotlight over the past few years, notably following the introduction of the country’s Cybersecurity Law in June 2017. This focus intensified with the enactment of the Data Security Law and the Personal Information Protection Law in the latter part of 2021. After over two…