The Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023. The enforcement action signals that the FTC is using and
Perkins on Privacy
Perkins Coie Brings You the Latest on Privacy
Perkins on Privacy, published by Perkins Coie LLP, focuses on legal developments and issues related to privacy and data security. The blog covers topics such as regulatory compliance with laws like COPPA and BIPA, enforcement actions by agencies like the FTC, privacy litigation, data breach response, and evolving privacy regulations including state and federal frameworks. It also addresses emerging concerns around technology, including artificial intelligence, anonymous messaging apps, biometric data, and automated decision-making technologies. The blog provides insights into legislative changes, regulatory board activities, and practical guidance for businesses and legal professionals navigating privacy and cybersecurity challenges.
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FTC Proposes Changes to COPPA Rule
The Federal Trade Commission gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking to amend the Children’s Online Privacy Protection Act Rule. The NPRM follows a review of the COPPA Rule initiated by…
The New Health Privacy Landscape—Out of the Frying Pan and Into the Fire
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information was regulated under Health Insurance Portability and Accountability Act, a discrete set of rules that applies to a specified set of healthcare…
White House Issues Comprehensive Executive Order on Artificial Intelligence
The White House recently issued its most extensive policy directive yet concerning the development and use of artificial intelligence through a 100-plus-page Executive Order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and…
UK Online Safety Act Becomes Law: What To Expect Next
Last week, the UK’s Online Safety Bill received royal assent and became law. With this development, Ofcom, the regulator for the new Online Safety Act, has published a roadmap to explain how the act will be implemented over the next…
FTC Announces Data Breach Reporting Obligation Under GLBA Safeguards Rule
Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act announced on October 27, 2023, the Federal Trade Commission will require a broad range of nonbank financial institutions to notify the FTC of instances of the unauthorized acquisition of…
California Law Requires Platforms To Take More Action Against Child Sexual Exploitation
Overview
California Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation. The law is scheduled to take effect on January 1, 2025,…
Generative AI: How Existing Regulation May Apply to AI-Generated Harmful Content
Among the many open questions about large-language models (LLMs) and generative artificial intelligence (AI) are the legal risks that may result from AI-generated content. While AI-specific regulation remains pending and continues to develop in jurisdictions around the world, the following…
Federal Courts Preliminarily Enjoin Arkansas Social Media Safety Act and California Age-Appropriate Design Code
After a flurry of legislative activity across the United States related to kids’ privacy and safety online, in recent weeks, federal courts in Arkansas and California have enjoined two notable state laws. A federal court in Arkansas preliminarily enjoined the…
DHS Announces New Artificial Intelligence and Facial Recognition, Face Capture, and Facial Analysis Policies
The U.S. Department of Homeland Security announced new policies on September 14, 2023, regarding its use and acquisition of artificial intelligence technologies, including facial recognition and face capture technologies. DHS also appointed Eric Hysen as the department’s first chief AI…