Privacy & Data Security

On February 16, 2024, the UK Information Commissioner’s Office (ICO) introduced specific guidance on content moderation and data protection. The guidance complements the Online Safety Act (OSA)—the UK’s legislation designed to ensure digital platforms mitigate illegal and harmful content.  The ICO underlines that if an organisation carries out content moderation that involves personal information, “[it] must comply with data protection law.” The guidance highlights particular elements of data protection compliance that organisations should keep in mind, including in relation to establishing a legal basis and being transparent when moderating content, and complying with rules on automated decision-making. We summarize the key points below.Continue Reading ICO Releases Guidance on Content Moderation and Data Protection

On 15 January 2024, the UK’s Information Commissioner’s Office (“ICO”) announced the launch of a consultation series (“Consultation”) on how elements of data protection law apply to the development and use of generative AI (“GenAI”). For the purposes of the Consultation, GenAI refers to “AI models that can create new content e.g., text, computer code, audio, music, images, and videos”.

As part of the Consultation, the ICO will publish a series of chapters over the coming months outlining their thinking on how the UK GDPR and Part 2 of the Data Protection Act 2018 apply to the development and use of GenAI. The first chapter, published in tandem with the Consultation’s announcement, covers the lawful basis, under UK data protection law, for web scraping of personal data to train GenAI models. Interested stakeholders are invited to provide feedback to the ICO by 1 March 2024.Continue Reading ICO Launches Consultation Series on Generative AI

On December 19, 2023, the Federal Trade Commission (“FTC”) announced that it reached a settlement with Rite Aid Corporation and Rite Aid Headquarters Corporation (collectively, “Rite Aid”) to resolve allegations that the companies violated Section 5 of the FTC Act (as well as a prior settlement with the agency) by failing to implement reasonable procedures to prevent harm to consumers while using facial recognition technology.  As part of the settlement, Rite Aid agreed to cease using “Facial Recognition or Analysis Systems” (defined below) for five years and establish a monitoring program to address certain risks if it seeks to use such systems for certain purposes in the future.Continue Reading Rite Aid Settles FTC Allegations Regarding Use of Facial Recognition Technology

Last week, Chairwoman Jessica Rosenworcel of the Federal Communications Commission (“FCC”) announced a partnership with four state attorneys general to enhance cooperation between the FCC and the participating states on privacy, data protection, and cybersecurity enforcement.Continue Reading FCC Announces Data Privacy Enforcement Partnership with State Attorneys General

Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations.  The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year.  Accordingly, the draft ADMT regulations are subject to change.  Below are the key takeaways: Continue Reading CPPA Releases Draft Automated Decisionmaking Technology Regulations

Earlier today, the White House issued a Fact Sheet summarizing its Executive Order on a comprehensive strategy to support the development of safe and secure artificial intelligence (“AI”).  The Executive Order follows a number of actions by the Biden Administration on AI, including its Blueprint for an AI Bill of Rights and voluntary commitments from certain developers of AI systems.  According to the Administration, the Executive Order establishes new AI safety and security standards, protects privacy, advances equity and civil rights, protects workers, consumers, and patients, promotes innovation and competition, and advances American leadership.  This blog post summarizes these key components.Continue Reading Biden Administration Announces Artificial Intelligence Executive Order

This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2023 related to key technologies and related topics, including Artificial Intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. Tech Legislative & Regulatory Update – Third Quarter 2023

Updated August 8, 2023.  Originally posted May 1, 2023.

Last week, comment deadlines were announced for a Federal Communications Commission (“FCC”) Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad).  The rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities.  Comments on these rule changes are due Thursday, August 31, with reply comments due October 2.Continue Reading Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements

On July 18, 2023, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced that she has circulated a proposal to the FCC’s commissioners to create “a voluntary cybersecurity labeling program that would provide consumers with clear information about the security of their Internet-enabled devices.”Continue Reading FCC Chairwoman Rosenworcel Announces Proposed Voluntary Cybersecurity Labeling Program for Smart Devices

Last week, FCC Chairwoman Jessica Rosenworcel announced the creation of a new Privacy and Data Protection Task Force (the “Task Force”) to demonstrate the agency’s commitment to protecting consumer data and ensuring that the telecommunications industry remains secure from threat actors.

The Task Force will be led by Enforcement Bureau Chief Loyaan Egal and include