On February 13, 2024, EU member states voted unanimously in favor of the proposed EU Artificial Intelligence Act (“AI Act”). This comprehensive legislation has been described as an AI-specific version of the EU’s General Data Protection Regulation (GDPR). February’s vote of approval was the result of extensive negotiations and compromises between member states and the Act is now expected to be formally adopted in March or April of this year. | |
EU Consumer Protection Agency rallies against Meta’s “Pay or Consent” model, claiming it is entirely too aggressive and coercive, fundamentally undermining the principles of GDPR. Will Meta survive the formal challenge to its last resort of legal basis to process mountains of personal data for behavioral advertising? | |
Globally, governments are on the hunt for cybercriminals. It has been proven that international cooperation is vital to safeguard against these sophisticated cyber threats. The past thirty days have been illuminating for some, unsurprising for others, and climactic for all. | | |
LEGISLATIVE & REGULATORY UPDATE | | | |
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Biden cracks down on US data flows to China, Russia
Reuters
"President Joe Biden's administration on Wednesday unveiled an executive order barring genomic data transfers to China, as it seeks to protect American personal data over national security concerns."
President Joe Biden's administration on Wednesday unveiled an executive order barring genomic data transfers to China, as it seeks to protect American personal data over national security concerns.
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HHS Office for Civil Rights Delivers Annual Reports to Congress on HIPPA Compliance and Breaches of Unsecured Protected Health Information
U.S. Dept. of Health and Human Services
"On February 14, 2024, the U.S. Department of Health & Human Services Office for Civil Rights issued two Reports to Congress on Health Insurance Portability and Accountability Act of 1996 (HIPAA) compliance and enforcement, specifically, on HIPAA Privacy, Security, and Breach Notification Rule Compliance and Breaches of Unsecured Protected Health Information."
Breach Notification Rule Compliance and Breaches of Unsecured Protected Health Information.
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FTC Finalizes Order with Global Tel*Link Over Security Failures that Led to Breach
of Sensitive Data
Federal Trade Commission
"The Federal Trade Commission has finalized an order with prison communications provider Global Tel*Link Corp. and two of its subsidiaries settling charges they failed to secure sensitive data of hundreds of thousands of users and failed to alert all those affected by the incident."
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Commission opens formal proceedings against TikTok under the Digital Services Act
European Commission
"The European Commission has opened formal proceedings to assess whether TikTok may have breached the Digital Services Act (DSA) in areas linked to the protection of minors, advertising transparency, data access for researchers, as well as the risk management of addictive design and harmful content."
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FTC Order Will Ban Avast from Selling Browsing Data for Advertising Purposes, Require It to Pay $16.5 Million Over Charges the Firm Sold Browsing Data After Claiming Its Products Would Block Online Tracking
Federal trade Commission
"FTC says despite its promises to protect consumers from online tracking, Avast sold consumers' browsing data to third parties."
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HBS Legal Trends: Legal Implications of Using AI in Your Business
Our most recent HBS Legal Trends podcast features Charlotte Partner Richard Sheinis and Tampa Of Counsel Jade Davis. Together, they discuss the legal implications of using artificial intelligence (AI) in your organization, including how AI can be used, the implementation of AI, developing internal AI policies and procedures, best practices, and much more.
You can listen to the full podcast below and learn more about the interview on the Business RadioX® website.
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Richard Sheinis
Rich is a Certified Information Privacy Professional (CIPP-US) and a Certified Information Privacy Technologist (CIPT) through the International Association of Privacy Professionals (IAPP). He works with companies to investigate and respond to HIPAA and other data breaches, advises on regulatory compliance including HIPAA, COPPA, PCI DSS, cross-border data transfer, the EU-US Privacy Shield, and other global privacy regulations.
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Jade Davis
Jade provides strategic privacy and cyber-preparedness compliance advice, and defends, counsels, and represents companies on privacy, global data security compliance, data breaches, and investigations. She advises companies on best practices in privacy, cybersecurity, data, mobile, cloud storage, Ad Tech privacy, Internet of Things, and other areas of regulatory compliance.
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Lea McBryde
Lea is an associate in our Charlotte office, where she focuses her practice on data privacy and cybersecurity matters.
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Joseph Stepina
Joseph C. Stepina is an Associate in our Little Rock office where he focuses his practice on general liability, premises liability, products liability and data privacy and cybersecurity matters.
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Savannah Avera
Savannah is an associate in our Atlanta office, where she protects the rights of clients in health care and cyberspace.
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