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Articles by Jon Neiditz
Public comment period officially opens for California privacy and AI regulations; One need not use AI to detect the regulatory overreach. | JD Supra
Public Comment Period Opens. The California Privacy Protection Agency (“CPPA”) opened the public comment period on a long in the works update to the California Privacy Protection Act (“CCPA”) regulations. Concerned organizations and trade associations must submit comments by January 14 of 2025. Please reach out to Kilpatrick for assistance in drafting comments to the agency or answering any other questions about the CCPA regulations. Notable Dissent.
AI Cybersecurity Guidance Summary - NYDFS and Singapore CSA | JD Supra
As regulators worldwide continue to scrutinize the impact of AI on industries within their respective purviews, two key global agencies issued guidance in October 2024 that highlighted AI-based cybersecurity risks and best practices. Specifically, the New York State Department of Financial Services (“DFS”) and the Cyber Security Agency of Singapore (“CSA”) each released robust guidance documents addressing the cybersecurity challenges posed by artificial intelligence systems.
AI Cybersecurity Guidance Summary - NYDFS and Singapore CSA
As regulators worldwide continue to scrutinize the impact of AI on industries within their respective purviews, two key global agencies issued guidance in October 2024 that highlighted AI-based cybersecurity risks and best practices. Specifically, the New York State Department of Financial Services (“DFS”) and the Cyber Security Agency of Singapore (“CSA”) each released robust guidance documents addressing the cybersecurity challenges posed by artificial intelligence systems.
Byte-sized Justice: Colorado's New AI Bill Seeks to Address Algorithmic Discrimination | JD Supra
[co-author: Carter Christopher, Summer Associate] General Background On May 17, 2024, Governor Jared Polis of Colorado enacted the Colorado Artificial Intelligence (AI) Act (CAIA), marking a significant milestone as what its sponsor calls a “chassis,” an initial framework focusing at first on bias, for the first significant piece of AI safety legislation in the United States. The CAIA defines high-risk AI systems and delineates duties for both developers and deployers of such systems.
Byte-sized Justice: Colorado's New AI Bill Seeks to Address Algorithmic Discrimination
General Background On May 17, 2024, Governor Jared Polis of Colorado enacted the Colorado Artificial Intelligence (AI) Act (CAIA), marking a significant milestone as what its sponsor calls a “chassis,” an initial framework focusing at first on bias, for the first significant piece of AI safety legislation in the United States. The CAIA defines high-risk AI systems and delineates duties for both developers and deployers of such systems.
How to Make the Protests Work & Even Make Sense to You
April 29, 2024 The purpose of my life seems to have been to help you and the protesters make more sense and get more mile per gallon out of the protests now occurring in universities across America (if we can stop the violence), starting with what I learned riding in the trunk of a station wagon circa 1976, returning from a South Africa divestment protest in Massachusetts to Dartmouth College with my then-mentor, the brilliant Dartmouth dropout and future Green Party founder and 2020...
Alert: Executive Order on Preventing Access to Americans’ Bulk Sensitive Data and Government-Related Data | JD Supra
Late today the White House issued its Executive Order significantly enhancing the protection of Americans' bulk sensitive personal data from access by countries deemed as threats. It establishes a comprehensive framework to safeguard categories of personal information deemed sensitive against exploitation and unauthorized access by foreign entities identified as countries of concern.
EU Announces Provisional Agreement on the Artificial Intelligence Act
On December 8, 2023, the EU announced that Parliament and Council negotiators “had reached a provisional agreement on the Artificial Intelligence Act.” Negotiators had been under pressure to resolve differences to maintain the global lead Europe had assumed on comprehensive regulation of the use of AI.
Artificial Intelligence and Franchising
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
Basics for Corporate Counsel to Consider About Generative AI
Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate content, and save precious time, which can provide organizations who leverage these tools a significant commercial advantage over those that do not.
The Wild West of Health Data for Sale? Not So Fast!
Background: The pandemic era ushered in exponential growth in the use of remote capabilities for all areas of life, with one of the most critical being the rise in telemedicine. Along with that expansion came an explosion in health-related apps and services, many of which purported to be “privacy-compliant,” “HIPAA-compliant,” or made similar claims. Many did not make any such claims.
SEC Proposes Enhancements to Regulation S-P | JD Supra
Last week, the Securities and Exchange Commission (the “SEC”) proposed amendments to Regulation S-P (the “Proposal”) that would require registered investment advisers (“RIAs”), broker-dealers (“BDs”), investment companies (“Funds”) and transfer agents to provide notice to individuals affected by certain types of data breaches that may put them at risk of harm.[i] The proposal was released alongside other cybersecurity-related proposals, including an expansion and update to Regulation Systems...
SEC Proposes Enhancements to Regulation S-P
Last week, the Securities and Exchange Commission (the “SEC”) proposed amendments to Regulation S-P (the “Proposal”) that would require registered investment advisers (“RIAs”), broker-dealers (“BDs”), investment companies (“Funds”) and transfer agents to provide notice to individuals affected by certain types of data breaches that may put them at risk of harm.[i] The proposal was released alongside other cybersecurity-related proposals, including an expansion and update to Regulation Systems...
Why “Secondary Uses” of Data Should be your Primary Concern: New Consent Requirements under California’s CCPA and Colorado’s CPA
One internet search of the CCPA1 or the CPA2 reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the privacy media has largely overlooked new data minimization requirements with potentially massive operational consequences. So, what is this hidden landmine in the California and Colorado laws?
Kilpatrick Townsend’s U.S. Privacy Law Guide
March 2023 Kilpatrick Townsend's U.S. Privacy Law Guide Introduction to State Regulations Kilpatrick Townsend U.S. Privacy Law E-Book While there is currently no comprehensive, federal United States law governing data privacy, there are several major state regulations currently in place. We have provided full copies of the comprehensive state privacy laws in this e-book and links to the biometric laws and data broker laws.
Countdown to 2023: Privacy Compliance Checklist for The End of The Year
In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another list for you. This time, we’ll call them “Pre - New Year’s Resolutions” because you’ll want to have some of these to-dos done (or at least started) before January 1st.
Utah becomes the Fourth Comprehensive State Privacy Law and a National Pattern Emerges | JD Supra
State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled while Utah’s law was proposed and passed with blazing speed. Utah became the fourth state to enact a comprehensive, general consumer privacy law when Governor Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”) into law on March 24, 2022.
Utah becomes the Fourth Comprehensive State Privacy Law and a National Pattern Emerges
State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled while Utah’s law was proposed and passed with blazing speed. Utah became the fourth state to enact a comprehensive, general consumer privacy law when Governor Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”) into law on March 24, 2022.
Why You Will Pay the Ransom (Hint: It’s Not the Ransomware) and How to Avoid Paying | JD Supra
Everybody is talking at you about ransomware, but you do not need to hear most of what they are saying, because they are talking about something they have not seen hundreds of times, so they have not been following the rapid evolution of the painful decisions you must anticipate.
CCPA Enforcement is Picking Up. Are you Ready? | JD Supra
Although the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020 and subject to enforcement since July 1, 2020, it seemed until recently that compliance had been somewhat spotty. Well, it’s time to wake from your compliance slumbers and start paying attention because California’s new Attorney General (“AG”) Rob Bonta has stepped up enforcement of the CCPA. Fortunately, we have recently received guidance on what areas of noncompliance have drawn scrutiny from the AG.
Don’t Sell Privacy Compliance Short; Why Now is the Time to Double- Check How Your Company Handles Consumers’ Opt-Out of Sale Requests | JD Supra
Most privacy eyes are currently focused on the new EU Model Clauses and forthcoming U.S. state laws that take effect in 2023. As the summer heats up, however, compliance professionals should look to the western U.S. states of Nevada and California. (a) Expanded Rights for Nevada Consumers This blog broadcast just over two years ago that many companies need not take any action to comply with what was then Nevada’s newly established consumer rights to opt out of information selling.
Virginia Can No Longer Say Whom Its for Without Consent Thanks to Its New Comprehensive Consumer Privacy Law | JD Supra
Virginia knocked off California’s crown as the only U.S. state to have a comprehensive, general consumer privacy law when Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“CDPA”) into law on March 2, 2021, unless you count Nevada which we warned you would stay in Vegas. The law takes effect on January 1, 2023, matching the effective date of the California Privacy Rights Act (“CPRA”).
CCPA 2.0: California Privacy Laws Continue To Take Center Stage
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CCPA 2.0: California Privacy Laws Continue to Take Center Stage | JD Supra
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement set for July 1 of that year. Significant rulemaking under the law is required to be finalized by July 1, 2022, so the notice and comment process for those rules should begin next year.
Lower Your Privacy Shield, But Max Out Your Options For Maintaining Transatlantic Data Flow
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
How Privacy Can Become Antiracist
To print this article, all you need is to be registered or login on Mondaq.com. A View From Juneteenth and July 4th, 2020 "...And there are days—this is one of them—when you wonder what your role is in this country and what your future is in it. How, precisely, are you going to reconcile yourself to your situation here? ... And to be here means you that can't be anywhere else..." James Baldwin, June 24, 1963. Privacy contains some of the wellsprings of antiracism.
California Governor Signs Bill Extending the CCPAs Personnel and Business Communications Exceptions | JD Supra
On Tuesday September 29, 2020, the California Governor signed AB 1281, which extends the CCPA’s personnel and “business communications” exceptions’ effective period for one additional year. Those exceptions were set to sunset on January 1, 2021, but AB 1281 moves that date to January 1, 2022. (a) Personnel Exception The CCPA defines consumers, the persons who have privacy rights under the law, to include any natural person who is a California resident (as determined by the California tax code).
COVID-19: Chart of State Immunity Statutes | JD Supra
With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need to keep tabs on the immunity provisions in their states. Most of those laws still focus on health care workers, but some offer wider-reaching immunities, in some cases with conditions.
COVID-19: School Reopening Jujitsu For Employers | JD Supra
A significant challenge for reopening the economy and returning to “normalcy” during the COVID-19 pandemic is addressing whether, when, and how schools and colleges will open this fall. As with the initial shelter-in-place orders and mask requirements, these issues are being addressed differently in each state. Most state governors are foregoing a “one-size-fits-all” approach by authorizing each school district to decide whether to reopen fully partially reopen, or only allow online curriculums.
Lower Your Privacy Shield But Max Out Your Opinions for Maintaining Transatlantic Data Flow | JD Supra
Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the European Economic Area (“EEA”) to the United States (“U.S.”) should reevaluate the organization’s data transfer strategy.
Masks and COVID-19: Statewide Requirements and Recommendations | JD Supra
To date, all U.S. states have at least recommended that individuals wear cloth masks or face coverings (in line with the CDC’s recommendations) when in certain public spaces, especially when in situations where six feet of social distance cannot be maintained. Many states, cities, and counties go much further and have mandated mask usage.
COVID-19 Reopening Issues Taking Advantage of the State Immunities Whether or Not Your State Has Enacted COVID-19 Immunities Legislation | JD Supra
Reopening the economy has had mixed results. Many types of businesses have reopened without triggering outbreaks in COVID-19. But, bars and other businesses are being linked to the June and July spikes in COVID-19 cases causing new closure orders. One consequence is the likelihood businesses are sued for failing to protect customers, employees, and other visitors from contracting COVID-19 while at these reopened business premises.
California Attorney General Finalizes CCPA Regulations as the Laws Enforcement Date Nears | JD Supra
With slightly less than one month before the July 1, 2020 enforcement date of the California Consumer Privacy Act (“CCPA”), California’s Attorney General announced on June 2, 2020 that he had submitted the proposed final regulations to the California Office of Administrative Law (“OAL”). In order to have a chance for the regulations to be finalized before the date that the CCPA will be enforced, Attorney General Xavier Becerra requested an expedited review from the OAL.
COVID-19: Reopening Issues Checklist
The fluidity of the COVID-19 situation will require businesses to consider a myriad of issues as they navigate the decision as to whether, when, and how to reopen their facilities to employees and the public. The following checklist highlights some of the many factors that businesses should consider. Do You Have an Adequate Operational Infrastructure? Develop a reopening plan that includes outreach to employees, clients, and customers announcing the reopening.
COVID-19: Read This Before You Take the Temperatures of Your Customers, Visitors or Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: Re-Opening Issues Checklist | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CARES Act - Look Here First for Financing: Coronavirus Aid, Relief and Economic Security (CARES) Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Practical Considerations for Manufacturers Pivoting to PPE Production to Combat COVID-19 Pandemic | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: Digital Advertising Turnaround! | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: Workplace Exodus | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When “Imprecise” is Precisely the Place to Be: NAI’s Detailed Guidance on Location Data | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Choosing Your Chair for When the Music’s Over: Seven Changes to the Proposed CCPA Regulations that Affect Your Privacy Operations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
3 Key Takeaways - Transatlantic Data Protection Enforcement Panel in Dublin | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CCPA Update: How to Adjust Your Compliance Strategy to The Final 2019 Legislative Changes | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Poor Richard Stares Down California's New Wall of Shame The Data Broker Registry | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
[Webinar] Biometric Privacy Law in the US: Managing Compliance and Preventing Litigation - September 3rd, 10:00am ET | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Poor Richard Brings His Kill Chain New York's SHIELD Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Poor Richard Goes to Washington to Work on the U S Privacy Law | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Poor Richard Says: Don’t be Oversold; Nevada’s New Privacy Law Only Regulates Data Brokering | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Poor Richard’s Four Easy Steps To Compliance With the California Consumer Privacy Act (CCPA) | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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