The prospect of day-to-day life with artificial intelligence is no longer a future endeavor. AI systems comprise countless applications across public and private organizations, and through open-sourced systems, such as ChatGPT, AI is now consumer-facing and usable. The U.S. National Institute of Standards and Technology was directed by the National Artificial Intelligence Initiative Act of 2020 to create a voluntary resource for organizations designing, developing, deploying or using AI systems to help manage risk and to promote trustworthy and responsible development of AI systems. As a resul ..read more

In early February, the U.S. Federal Trade Commission published a proposed order that fines telehealth and discount prescription provider GoodRX $1.5 milllion. Though part of the case involves deception – one of two prongs under the FTC Act – the case also raises the first-of-its-kind use of the Health Breach Notification Rule. To help better understand the novel and complex issues that are embedded in the case, IAPP Editorial Director Jedidiah Bracy caught up with Wilmer Hale Partner Kirk Nahra to discuss some of the takeaways privacy pros in any industry vertical should consider.  ..read more

California has long led the way on many privacy-related laws, going back to at least 2002 when it passed the first data breach notification law in the U.S. More recently, passage of the California Consumer Privacy Act and the California Privacy Rights Act has prompted other states to follow suit. Baker McKenzie Partner Lothar Determann has long practiced and taught international data privacy law, and beginning in 2013, published the book, “California Privacy Law.” Now in its fifth edition and published by the IAPP for the last three editions, the new edition comes as the CPRA goes into effect ..read more

With the rise of data subject rights in privacy law, privacy practitioners are often challenged with operationalizing what can be a complex and risky endeavor. California, through the CCPA and CPRA, has emerged as a leader on this in the United States. Advocacy organization Consumer Reports has not only been working on policy with states like California on data subject rights but also with industry on standardizing consumer data rights. With a number of companies in the privacy tech vendor space, CR is announcing the open standard called the Data Rights Protocol. It’s also in the early stages ..read more

Nearly five years after the implementation of the EU General Data Protection Regulation, Europe is immersed in a digital market strategy that is giving rise to a host of new, interconnected regulation. Among this complexity resides the proposed Artificial Intelligence Act. Originally presented by the European Commission April 2021, the AI Act is now in the hands of the Council of the European Union and European Parliament. If passed, this would be the world’s first comprehensive, horizontal regulation of AI. On my visit to Brussels for the IAPP Data Protection Congress, I had the opportun ..read more

The highly anticipated mid-term elections in the U.S. so far have provided surprising results. Many political pundits expected a “red wave” of Republican candidates to take over both chambers of U.S. Congress. Though control of Congress is still up in the air, Democrats fared better than most expected. With some of the dust now settled, what do the 2022 midterm results mean for potential passage of the American Data Privacy and Protection Act, both in the lame duck session and the 118th Congress? Will House and Senate committee assignments change? What do the mid-term results mean for enforcem ..read more

As we round out 2022, digital technology is further embedding itself into our daily lives. Beyond the smartphone’s ubiquity, wearable sensors proliferate and are found everywhere from the gym to the bedroom. Intimate relationships are formed through dating apps more than ever before. We’re tracked in our cars, in retail establishments and online. At no time in history has data collection been as prevalent as it is now, and it’s only increasing. But what does that mean for the development of our identities and relationships, particularly for those who are most vulnerable? University of Virginia ..read more

Since becoming U.K. Information Commissioner, John Edwards has been busy. Officially taking the reigns January 4, Edwards embarked on a listening tour to learn the ins and outs of the U.K. The former New Zealand Privacy Commissioner gave his first major public speech since heading up the ICO at the IAPP Data Protection Intensive in London last month and joined German Federal Commissioner for Data Protection and Freedom of Information Ulrich Kelber for a “commissioner’s chat” at the IAPP Global Privacy Summit in Washington, DC. While there, The Privacy Advisor Podcast host Jedidiah Bracy caught ..read more

In 1998, the U.S. was the first nation to enact a privacy law specifically tailored to protect children’s data. Nearly 25 years later, COPPA – the Children’s Online Privacy Protection Act – is one of several children’s privacy and data protection laws around the world. LinkedIn Vice President and Chief Privacy Officer Kalinda Raina first encountered the draft COPPA bill while interning at the Center for Democracy & Technology. In the years since, she has helped lead the privacy efforts at Nintendo and Apple. With three children of her own, Kalinda has an in-depth knowledge of children’s pr ..read more

The concept of privacy and data protection by design is not new in the privacy world. We know that privacy should be integrated in the foundational design of a product or service; that is should be baked in, not bolted on. But what that means in practice is often elusive. In 2018, Enterprivacy Consulting Group founder Jason Cronk wrote the book Strategic Privacy by Design, which was published by the IAPP. In it, Cronk offered insights for building processes, products and services that consider an individual’s privacy interests as a requirement. In the four years since, law and technology have ..read more