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Explore more posts
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Troy Lieberman
The Massachusetts Attorney General released guidance on AI developers, suppliers, and users' obligations under Massachusetts consumer protection, anti-discrimination, and data security laws. Nothing earth-shattering in the advisory notice and another example of how existing laws are being used to regulate AI. The advisory presents the below non-exhaustive list of acts and practices that may be considered to be unfair and deceptive under the Massachusetts Consumer Protection Act: - Falsely advertising the quality, value, or usability of AI systems - Supplying an AI system that is defective, unusable, or impractical for the purpose advertised - Misrepresenting the reliability, manner of performance, safety, or condition of an AI system - Offering for sale or use an AI system in breach of warranty, in that the system is not fit for the ordinary purposes for which such systems are used, or that is unfit for the specific purpose for which it is sold where the supplier knows of such purpose - Misrepresenting audio or video content of a person for the purpose of deceiving another to engage in a business transaction or supply personal information as if to a trusted business partner as in the case of deepfakes, voice cloning, or chatbots used to engage in fraud - Failing to comply with Massachusetts statutes, rules, regulations or laws, meant for the protection of the public’s health, safety or welfare
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AllNet Law
#Vermont #Data #Privacy Bill #Vetoed --- The Vermont Data Privacy Act (#VDPA) will not be enacted into law – at least in its current form - after Governor Phil Scott's #veto earlier this week. The VDPA was largely considered the strongest comprehensive data privacy law in the United States, at least since the California Consumer Privacy Act (#CCPA), with its high focus on #data #minimisation and the right for any individual to sue a company that mishandles their data. Arguments for refusing the Bill to pass centred on the private #right of #action; its high complexity compared to similar laws (for instance, Connecticut or California); and the severe impact it would have on small to mid-level businesses and non-profits. The Vermont legislation has not been passed, but its sponsor, Democratic Rep. Monique Priestley, has vowed to fight on. Read more: https://lnkd.in/dztcr7Uc #privacy #dataprotection
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Mariana Muñiz Lara
On April 7, 2024, US Senate Commerce Committee and House Energy and Commerce Committee unveiled the American Privacy Rights Act of 2024 (APRA), a comprehensive privacy bill that, if enacted, would set significant data privacy and security standards. The APRA would largely preempt similar comprehensive privacy laws enacted by individual states in the last few years. The APRA would also provide individuals with a limited private right of action to seek monetary and other relief for certain violations by covered entities. Although the APRA is not likely to pass in the current Congress, the bipartisan effort suggests future comprehensive federal legislation. #dataprivacy
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Steven B. Katz
Colorado leads the way in protecting neural data privacy with new legislation signed by Gov. Jared Polis. The bill expands the Colorado Privacy Act and sets a precedent for other states. Read more from Constangy Cyber Team member Amanda Novak in the link below. #coloradoprivacyact #cpa #dataprivacy #cybersecurity
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Shanmitha Padmanabhan
As of today, July 1st, 2024, three new state privacy laws have come into effect in the United States: Oregon's Consumer Privacy Act (OCPA), Texas' Data Privacy and Security Act (TDPSA), and Florida's Digital Bill of Rights. The Oregon Consumer Privacy Act (OCPA) applies to businesses that control or process personal data of 100,000+ Oregon residents or 25,000+ consumers while deriving 25%+ of annual revenue from selling personal data. Notably, the OCPA includes fewer exemptions than other state laws, applying to both for-profit and non-profit entities. Texas' Data Privacy and Security Act (TDPSA) covers businesses operating in Texas or targeting Texas residents, processing or selling personal data, and not qualifying as a small business under SBA definitions. The TDPSA is considered more business-friendly, offering a perpetual 30-day cure period for violations. Florida's Digital Bill of Rights, while less comprehensive than some other state laws, introduces new consumer privacy protections for Florida residents.These new laws grant consumers various rights, including the ability to access, correct, delete, and opt-out of the sale of their personal information. As the privacy landscape in the U.S. continues to evolve, it's crucial for businesses to stay informed and adapt their data practices accordingly. With more states enacting similar legislation, we can expect privacy protection to remain a key focus in the coming years. #DataPrivacy #ConsumerRights #Compliance #DigitalRights #DigitalSecurity
331 Comment -
Squire Patton Boggs
The recently released discussion draft of the American Privacy Rights Act rejects the opt-out approach to targeted advertising in 17 state consumer privacy laws, and instead requires express affirmative opt-in consent for tailoring online ads based on a specific viewer’s interests and activities, akin to the prevailing European approach. In a guest blog post in Bloomberg Law, #TeamSPB's Alan Friel and Kyle R. Fath explain why this would do more harm than good to consumers, threaten the ad-supported online content business model that supports a free and open Internet, and increase the economic digital divide. Read here: https://ow.ly/LMqt50RvCmI #PrivacyAct | #OnlineAdvertising
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Daniel Friedlaender
I've posted often on #RegulatoryOverReach and #CostofRegulation, which have negative impacts on all sectors. Today I saw this #legal article, which highlights in extremely clear legal terms how #GDPR #overreach on the notion of #FreeConsent has been repeatedly stretched way beyond any original intentions, to try to regulate different #digital #businessmodels. There are a few important #principles across all sectors and markets. I hope we can all agree that companies should be free to structure their business models, online or offline, according to their sectors and applicable laws. EU legislators avoided sector/size-specific regulatory approaches in GDPR as that would reinterpret the rules. Last year, the #CJEU clarified that a #PayOrConsent model is an alternative for users who do not give consent to #PersonalisedAdvertising. This article shows clearly that the #EDPB should not anoint itself as price regulator in its upcoming #opinion. The #GDPR is NOT a price control instrument, and it appears dangerous for the #EDPB to enter into a debate where it has no mandate - on whether a service is offered for fair or reasonable price. IF we go down this road, where would it stop? I can see it potentially undermining so so many sectors. I hope every digital sector reads and spreads the worries I've flagged. Because this #OverRegulation might be coming for you next. #CCIAeurope CCIA Europe #DigitalEU #privacy https://lnkd.in/eH2Du5Xc
2113 Comments -
Rob Robinson
🇺🇸⚖️ The American Privacy Rights Act of 2024 (APRA) is a significant piece of legislation that aims to establish a unified federal framework for consumer data protection in the United States. As the bill progresses through US Congress, it has sparked a heated debate about the balance between safeguarding consumer privacy and fostering innovation, particularly in the realm of artificial intelligence and data-driven technologies. This article delves into the key provisions of APRA, the potential implications for businesses, and the divergent perspectives of proponents and critics. As the legislative process unfolds, it is crucial for stakeholders to closely monitor the developments and actively engage in the discourse to ensure that the final legislation strikes the right balance between consumer protection and the ability of American businesses to innovate and compete in the global marketplace. 🔎🔗 Read the complete article from Complex Discovery OÜ's data privacy and protection beat at https://buff.ly/3QemDAM. #Privacy #DataProtection #eDiscovery
21 Comment -
Future of Privacy Forum
🚨#NEW: Tuesday, Governor McKee enacted the Rhode Island Data Transparency and Privacy Protection Act (#RIDTPPA), making Rhode Island the 19th state overall and the 7th state in 2024 to enact a comprehensive privacy law. A blog post by FPF’s Policy Counsel for U.S. Legislation Jordan Francis focuses on three aspects of #RIDTPPA: 1️⃣ Commercial websites and internet service providers that collect, store, and sell personally identifiable information (PII) have to provide a privacy notice identifying the third parties to whom they have sold or may sell PII. 2️⃣ #RIDTPPA lacks core obligations and rights that the majority of state comprehensive privacy laws include, such as a data minimization obligation. 3️⃣ The law’s civil penalties are higher than what is typical under comparable laws, for example, violations for intentionally disclosing personal data in violation of the law come with an additional penalty of $100-500 per disclosure. Dive further into highlights of #RIDTPPA and how it compares to other privacy laws ⬇️ https://lnkd.in/gTkefBF7
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Ron De Jesus
Interested in getting #AIGP certified by the IAPP - International Association of Privacy Professionals? Transcend is offering a second round of FREE #IAPP #AI Governance Professional Certifications to the first 10 people who respond to the post below and share how this certification will help shape their career! 🚀 Happy to share some study tips to those on their certification journey 🤓
3724 Comments -
Christina Ayiotis, Esq., CRM, CIPP/E
“The Artificial Intelligence Act is one of the latest pieces of legislation adopted in the EU. It introduces new sets of rules that build on an existing regulatory framework. As such, the act intersects with many other instruments, whether horizontal or sector specific. This infographic provides an overview of the intersections between the AI Act and other instruments it specifically references. It does not provide an exhaustive list of all the laws that could have some relevance beyond those mentioned in the act itself.” https://lnkd.in/gwkd_fiR
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Thompson Hine LLP
New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California
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David Stauss
On April 17, Colorado Governor Jared Polis signed HB 1058 into law, which means it is time to update our chart comparing the various definitions of sensitive data in consumer data privacy laws. Here's some more context: 1️⃣ HB 1058 amends the Colorado Privacy Act to add biological data (and through it neural data) as a category of sensitive data in the Colorado Privacy Act. 2️⃣ The true impact of the amendment is debatable as the definition of biological data states that the data must be "used or intended to be used, singly or in combination with other personal data, for identification purposes." 3️⃣ Colorado is the first state to add biological/neural data to its state privacy law. This continues the trend over the last two legislative sessions of state lawmakers expanding the types of data covered as sensitive data. Given the constant expansion, at some point it may be easier to define what is not sensitive data rather than what is. 4️⃣ California is also considering a bill to add neural data to the CCPA's definition of sensitive personal information. 5️⃣ Colorado isn't done. The legislature is still considering two other bills to amend the Colorado Privacy Act, dealing with the treatment of biometric data and minor's data. 6️⃣ Here's a link to the Colorado bill for those interested: https://lnkd.in/gE7KPyY9
1349 Comments -
Alex Smith
This year we commissioned Above the Law to conduct a survey of their legal ops readers. The results reveal that many legal ops teams are facing challenges including process improvements, budget constraints, and choosing the right technology, especially AI. Learn more about how your peers are addressing these challenges in the survey summary: https://lnkd.in/eDUtePyk #iManage #CorpLegal #InHouseLegal #LegalDept #LegalDept
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Alex Smith
This year we commissioned Above the Law to conduct a survey of their legal ops readers. The results reveal that many legal ops teams are facing challenges including process improvements, budget constraints, and choosing the right technology, especially AI. Learn more about how your peers are addressing these challenges in the survey summary: https://lnkd.in/ePPw-jfG #iManage #CorpLegal #InHouseLegal #LegalDept #LegalDept
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Marcia Ramos Chang
Any questions about AI for IP? Go on and read this outstanding and comprehensive blog post from my Tradespace colleague Justin Rerko to demystify your fears and misconceptions about this game-changing technology. We are in the innovation business after all - do not be afraid to innovate your practices with AI and ask us how we can help you!
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