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JAN 2024

DATA ROUNDUP

After roughly a year of multiple warnings by the Department of Health and Human Services (HHS) concerning the usage of online tracking technologies and associated privacy and security risks, class action lawsuits have begun to be filed against medical providers alleging damages to patients.

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Globally, business owners are asking how the European Union’s Artificial Intelligence Act (EU AI Act or the Act) affects their business. This article will delve into the Act and how businesses will be affected globally, with an emphasis on the U.S.

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On December 8, 2023, the California Privacy Protection Agency (CPPA) Board voted 5-0 at its meeting to advance a legislative proposal to require browser vendors to include a feature that allows users to exercise their California privacy rights through opt-out preference signals. This recent unanimous decision marks a significant stride toward fortifying consumer privacy rights in the digital realm. Although it is geared toward California privacy rights, all privacy experts and businesses must take notice as this decision is likely to find it way in other state privacy laws and amendments.

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In May 2023, the FTC issued a warning that it would be closely monitoring the use of biometric information technology, including those powered by machine learning, because they raise significant consumer privacy and data security concerns and have the potential for bias and discrimination. On December 19, the FTC made good on its promise by settling a complaint against Rite Aid regarding its use of facial recognition technology to deter theft.

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LEGISLATIVE & REGULATORY UPDATE

FTC Proposes Strengthening Children's Privacy Rule to Further Limit Companies' Ability to Monetize Children's Data

FTC.gov

Proposed COPPA Rule would require targeted advertising to be off by default, limit push notifications, restrict surveillance in schools, and strengthen data security.

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China Cybersecurity and Data Protection Regulations - 2023 Recap and 2024 Outlook

China-Briefing

2023 saw the implementation of several new regulations on data protection and cybersecurity in China, with a particular focus on cross-border data transfer and personal information protection.

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ENFORCEMENT ACTIONS

EDPB publishes urgent binding decision regarding Meta

EDPB Europa

Following the EDPB's urgent binding decision of October 27th, 2023, the Irish data protection authority (IE DPA) adopted its final decision on 10 November 2023, imposing a ban on Meta Ireland Limited (Meta IE) for the processing of personal data for behavioral advertising purposes on the basis of contract and legitimate interest.

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Google settles $5 billion consumer privacy lawsuit

Reuters

Alphabet's Google (GOOGL.O) has agreed to settle a lawsuit claiming it secretly tracked the internet use of millions of people who thought they were doing their browsing privately.

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PODCAST PORTAL

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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MEET OUR TEAM

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.

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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