Posts tagged CyberMonday.

This year has proven to be active in terms of state privacy legislation. In addition to Montana’s Consumer Data Privacy Act, the state has now passed a Genetic Information Privacy Act.

EDITOR’S NOTE: This is part two of “Cyber AI Chronicles” – written by lawyers and named by ChatGPT.  This series will highlight key legal, privacy, and technical issues associated with the continued development, regulation, and application of artificial intelligence.

Recent developments in Artificial Intelligence have opened the door to exciting possibilities for innovation. From helping doctors communicate better with their patients to drafting a travel itinerary as you explore new locales (best to verify that all the recommendations are still open!), AI is beginning to demonstrate that it can positively affect our lives. 

However, these exciting possibilities also allow malicious actors to abuse the systems and introduce new or “improved” cyber threats.

On July 10, 2023, the European Commission (“EC”) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”).

EDITOR’S NOTE: This is part one of “Cyber AI Chronicles” – written by lawyers and named by ChatGPT.  This series will highlight key legal, privacy, and technical issues associated with the continued development, regulation, and application of artificial intelligence.

Artificial Intelligence is not a new concept or endeavor. In October 1950, Alan Turing published Computing Machinery and Intelligence,” proposing the question: Can machines think? Since then, the concept has been studied at length, with an immediately recognizable example being IBM Watson, which memorably defeated Jeopardy! champions Ken Jennings and Brad Rutter in 2011. AI has been captured and fictionalized in movies, video games, and books. Even if we are not aware of it, AI underlies many technical tools that we use every day.

On Friday, the Sacramento Superior Court issued a ruling delaying the enforcement of recently enacted California Privacy Rights Act regulations until March 2024. The CPRA, which amended the California Consumer Privacy Act, directs the California Privacy Protection Agency to promulgate regulations that further explain and detail the requirements of the CPRA. The agency was supposed to issue regulations by July 1, 2022, with an enforcement date of July 1, 2023. However, the agency did not issue those regulations until March 24, 2023.

Oregon will soon join Iowa, Indiana, Florida, Montana, Texas, and Tennessee in passing a comprehensive data privacy law. On June 25, the Oregon legislature passed the Oregon Consumer Privacy Act. The OCPA has moved to the desk of Gov. Tina Kotek (D), who is expected to sign it into law. Assuming she does, the law will take effect on July 1, 2024.

This year has so far proven to be quite active in terms of state privacy legislation. In 2022, California, Virginia, Colorado, Utah, and Connecticut were the five states with consumer privacy laws on the books, all set to take effect in 2023. Then, earlier this year, Iowa, Indiana, and Tennessee enacted their own respective comprehensive privacy laws. Iowa’s and Tennessee’s laws will take effect in 2025, and Indiana’s law will take effect in 2026.

On Thursday, May 11, Gov. Bill Lee (R) signed into law the Tennessee Information Protection Act. The new TIPA follows the recent enactment of data privacy laws in Iowa and Indiana. The other states with data privacy laws are California, Colorado, Connecticut, Utah, and Virginia.

On the heels of the unanimous passage of Iowa’s Act Relating to Consumer Data Protection on March 28, Indiana’s Consumer Data Protection Act was passed by the state legislature on April 13 and has been signed into law by Gov. Eric Holcomb (R).

Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy Protection Act, a federal law enacted in 1988 largely in response to privacy concerns surrounding businesses’ use of individuals’ video tape rental histories. 

The Constangy Cyber Advisor posts regular updates on legislative developments, data privacy, and information security trends. Our blog posts are informed through the Constangy Cyber Team's experience managing thousands of data breaches, providing robust compliance advisory services, and consultation on complex data privacy and security litigation. 

Subscribe

* indicates required
Back to Page