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In California Privacy Law

Off to the Races: California Advances CCPA Regulations on Cyber, Risk & AI

by , , , and 4 Mins Read

On Friday, November 8, 2024, the California Privacy Protection Agency board voted 4-1 to commence the formal rulemaking process for the draft regulations on Automated Decisionmaking Technology (ADMT), Risk Assessments, Cybersecurity Audits, and Insurance Companies. The formal rulemaking process will begin with a 45-day public comment period. During this time, CPPA staff will gather and analyze public comments, which will inform potential amendments and revisions to the regulations. The period will likely be extended to…

In Artificial Intelligence

AI Innovation in California Prevails: California Governor Nixes Major AI Legislation

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On September 29, 2024, California Governor Gavin Newsom vetoed Senate Bill 1047, which would have enacted the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (the “Act”) to create a comprehensive regulatory framework for the development of artificial intelligence models. The veto embodies the dilemma that has emerged around the regulation of AI applications: how can laws prevent harms in the use and development of AI, while promoting innovation and harnessing the power…

In Artificial Intelligence

Minding Your Data: New Law Expands CCPA’s Sensitive Personal Information to Include Neural Data

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“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…

In Artificial Intelligence

And…cut! California moves to restrict AI actors

by , and 3 Mins Read

In brief On September 17, 2024, California Governor Newsom signed a pair of bills into law that seek to address the use of AI-generated digital replicas of performers in the state’s world-leading entertainment industry. These new laws will enhance protections for performers’ rights in digital reproductions of their likenesses and may require organizations that create, use, or contract for digital replicas to implement new measures to ensure compliance with the new legislation. Discussion The first…

In Artificial Intelligence

The Growing Importance of the NIST AI Risk Management Framework

by 7 Mins Read

As AI capabilities and applications continue to advance, the National Institute of Standards and Technology’s (NIST’s) Artificial Intelligence Risk Management Framework (AI RMF) has emerged as a vital tool for organizations to responsibly develop and use AI systems. We covered the AI RMF shortly after NIST published the framework in January 2023. Since then, the importance of the publication has only grown, with numerous U.S. executive orders, bills and laws building on or incorporating the…

In California Privacy Law

Dark Pattern Prohibitions the Subject of New Enforcement Advisory in California

by and 2 Mins Read

The California Privacy Protection Agency has issued an Enforcement Advisory on the topic of dark patterns. The California Consumer Privacy Act uses the term “dark patterns” to refer generally to user interfaces that subvert or impair consumers’ autonomy, decisionmaking, or choice when asserting their privacy rights or consenting to personal information processing activities. For example, when businesses provide choices to consumers, such as via cookie banners or in privacy preference centers, choices must be clear…

In California Privacy Law

The Nuts and Bolts of the proposed California Safe and Secure Innovation for Frontier Artificial Intelligence Models Act

by and 5 Mins Read

If passed, SB-1047, the California Safe and Secure Innovation for Frontier Artificial Intelligence Model Act, would introduce product safety, documentation and reporting obligations on developers of AI systems. Currently awaiting passage in the state Assembly, the bill would be a landmark regulation for the burgeoning AI industry. The law as currently written would mainly target larger AI projects developed by companies with extensive resources, rather than smaller startups. However, operators of data centers would also…

In California Privacy Law

Amendments to California’s CMIA Bring Health Data New Requirements

by , and 4 Mins Read

In Brief Various players in the health care industry are or will soon be subject to new requirements relating to sexual and reproductive health data under a pair of bills passed last year amending the California Confidentiality of Medical Information Act (the “CMIA”). Many of the central provisions of bills AB 254 and AB 352, which were both signed into law by Governor Gavin Newsom in September 2023, came into effect on January 1, 2024.…

In California Privacy Law

California moves to disable vehicular data access used in domestic abuse

by and 2 Mins Read

Background On February 28, 2024, California State Senator Dave Min proposed Senate Bill (SB) 1394, a new measure aimed at preventing vehicular data from being used to perpetuate domestic violence. Under the proposal, automobile manufacturers would be required to disable access to remote vehicle technologies upon the request of a victim of domestic violence. The bill arrives amid increasing reports of incidents of domestic abusers exploiting vehicular location tracking features to stalk and harass victims…

In Cybersecurity

California’s CPPA moves into 2024 with an ambitious agenda on Cybersecurity Audits, Risk Assessments, and Automated Decision-Making Technology

by , , and 3 Mins Read

The California Privacy Protection Agency (“CPPA”) held a public board meeting on December 8, 2023. As discussed in our previous article, the CPPA is in the process of preparing Draft Regulations on Cybersecurity Audits, Risk Assessments and Automated Decision-Making Technology. The Rules Subcommittee provided updates on these regulations, and Board members provided their feedback on the drafts. Key Takeaways Regarding CCPA Cybersecurity Audit Regulations Key Takeaways Regarding CCPA Risk Assessment Regulations Key Takeaways Regarding CCPA…

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