A new wave of U.S. state consumer privacy laws will become effective in 2025. Four state laws went into effect on January 1, and another will be effective on January 15. Three others will be effective by October 2025. Several additional states – including Michigan and Oklahoma – have active bills being considered, and we expect other states may consider similar laws this year. Below we highlight the unique aspects of these new statutes. Background…
In brief Companies operating in India should note that India’s Digital Personal Data Protection Act (“DPDPA”) is expected to come into effect by the end of 2024. India enacted the DPDPA, its first comprehensive data privacy law on August 11, 2023. The DPDPA largely aligns with the European Union’s General Data Protection Regulation (“GDPR”) and the California’s Consumer Privacy Act (“CCPA”) but includes unique, consumer-friendly features, such as expanded consumer rights and newly established requirement…
By and large, HR departments are proving to be ground zero for enterprise adoption of artificial intelligence technologies. AI can be used to collect and analyze applicant data, productivity, performance, engagement, and risk to company resources. However, with the recent explosion of attention on AI and the avalanche of new AI technologies, the use of AI is garnering more attention and scrutiny from regulators, and in some cases, employees. At the same time, organizations are…
In brief In September 2024, Texas’ Attorney General announced a “first-of-its-kind” settlement with a healthcare generative artificial intelligence (“Gen AI”) company over what it said were “false, misleading, or deceptive” Gen AI products that aid physicians and medical staff in drafting clinical notes and charts. Per the Attorney General, the Company’s advertised hallucination rate was “very likely inaccurate” which “may have deceived hospitals about the accuracy and safety of the Company’s products.” The settlement provides…
On April 4, 2024, the Kentucky Governor Andy Brashear signed HB 15, enacting the Kentucky Consumer Data Protection Act (“KCDPA” or the “Act”), to make Kentucky the 15th US state to adopt a comprehensive privacy law. Kentucky joins New Hampshire and New Jersey in a trifecta of states that have enacted privacy legislation in the opening months of 2024. In the days since the KCDPA’s signing, the consumer privacy stakes have been raised, with the…
On January 18, 2024, the New Hampshire legislature passed SB255, making the Granite State the 14th US state to pass a consumer privacy law—and the second state to do so in January. Following enrolment—a formality to excise clerical errors—the bill will move to Governor Chris Sununu’s desk for final enactment. If it becomes law, SB255 will go into effect on January 1, 2025, giving businesses less than one year to ensure compliance with the new…
28 January 2024 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. Data Privacy Day encourages the global community to think about the importance of respecting privacy, safeguarding data, and enabling trust. In an increasingly connected and digitized world, where data protection, privacy and cybersecurity regulation are rapidly evolving, the work of the global data community is more vital, and more challenging,…
Sending a clear message, the Federal Trade Commission (FTC) announced the settlement of two separate enforcement actions against data brokers for selling precise location data that may be used to reveal sensitive information. On January 9, the FTC settled with Outlogic, LLC (formerly X-Mode Social) over allegations that it failed to obtain meaningful consent from consumers before collecting and selling data that could be used to track visits to sensitive locations like clinics and places of…
On January 7, 2024, China’s Cyberspace Administration (“CAC”) closed the public consultation period for its new cybersecurity incident reporting rules, which were released in December. If the draft rules are adopted as written, companies would be required to report certain cybersecurity incidents to the relevant Chinese regulator within one hour. The relevant regulator depends on the nature of the IT system compromised, the industry, and other factors and may be the local CAC, the public…
On December 21, 2023 the Federal Communications Commission (FCC) issued updates to its Data Breach Notification Rule, which applies to telecommunications carriers, as well as to voice over internet protocol (VoIP) and telecommunications relay service (TRS) providers. The updated Data Breach Notification Rule marks the most significant changes to the Rule since its adoption 16 years ago and modernizes the FCC requirements by bringing them more closely in line with other breach reporting obligations. The…