Litigation

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Deep Fake of CFO on Videocall Used to Defraud Company of US$25M | Privacy World

Address Cyber-risks From Quantum Computing

Hundreds of lawyers and several privacy regulators from California, Washington State, Oregon, Colorado, Connecticut, and the Federal Trade Commission gathered in Los Angeles last week for the second annual California Lawyers Association Privacy Summit (“Summit”). Among many engaging sessions on pressing topics, the panels with privacy regulators stood out discussions on enforcement priorities and administrative fines and injunctions, along with punchy and newsworthy statements – including that they are “plotting” and that considering the typical investigation presents “hundreds or thousands of violations,” potential fines are “significant.”

Perhaps even more newsworthy is that due to a California Court of Appeal order laid down as the Summit wound down on Friday, the stay in enforcement of the CCPA regulations was lifted. This happened as many companies were treating March 29, 2024, the end of the stay period, as the effective and enforcement date of regulations promulgated under the CPRA’s amendments by the California Privacy Protection Agency. The appeals order also nullifies the year delay in effectiveness of issued CCPA regulations that the trial court had required, making almost certain that CCPA regulations on risk assessments, cybersecurity assessments, and automated decision-making and profiling will be promulgated and in effect sometime this year, perhaps as early as Q2 or Q3.

Will 2024 be the year of privacy enforcement? In view of signaling from California regulators and those in other jurisdictions, and in view of several upcoming effective dates and regulatory deadlines, ongoing enforcement by regulators in California and beyond, and an impending uptick in privacy enforcement, it just might be. Stay tuned for future posts on these issues. Keep reading for more detailed takeaways regarding the Summit.Continue Reading Potential CCPA Fines “Significant”, California AG’s Office “Plotting” and Other Takeaways From Privacy Regulators during Privacy Summit in Los Angeles

Acting expeditiously in part in response to recent events, the Federal Communications Commission (“FCC”) declared on February 8 that the Telephone Consumer Protection Act’s “restrictions on the use of ‘artificial or prerecorded voice’ encompass current [artificial intelligence (“AI”)] technologies that generate human voices.” Therefore, the FCC ruled “calls that use such technologies fall under the TCPA and the [FCC’s]…implementing rules and…require the prior express consent of the called party to initiate such callas absent an emergency purpose or exemption.” If telemarketing is involved, prior express written consent is required. However, contrary to other media reports, the FCC ruling neither bans use of AI, nor even requires consent to use AI to create content that is in text or that is subsequently converted into artificial voice. Rather, it merely equates AI-voice generation to other forms of artificial or prerecorded voice messages for TCPA consent purposes. Since prior express consent to use of artificial or prerecorded voice messages is what the TCPA requires, that is what the consent should cover. However, it is advised that the use of AI to generate such audio content should also be disclosed as part of the consent.Continue Reading FCC Rules Voice-Cloned Robocalls Are Covered by the TCPA as Artificial/Pre-Recorded

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Ten Things About Artificial Intelligence (AI) for GCs in 2024 | Privacy World

CCPA Regs Effective Immediately, No One-Year Delay

On Friday, February 9, the Court of Appeal of the State of California sided with the California Privacy Protection Agency (“CPPA” or “Agency”), finding that a California Superior Court judge erred when he issued an order staying the Agency’s enforcement of the regulations promulgated pursuant to the CPRA’s amendments to the CCPA until March 29

As state legislation increasingly regulates sensitive data, and expands the concepts of what is sensitive, the Federal Trade Commission (“FTC” or “Commission”) is honing-in on sensitive data processing in expanding its unfairness authority in relation to privacy enforcement. The FTC’s recent enforcement activities regarding location aware data is a good example. As we have previously reported here and here, Kochava, an Idaho-based data broker, is currently embroiled in a federal lawsuit with the Commission that has the potential to redefine the legal bounds of sensitive data collection, use and sharing and the data brokering industries on a federal level.Continue Reading Sensitive Data Processing is in the FTC’s Crosshairs

Today, in a unanimous opinion, the Supreme Court of the United States ruled that agencies of the federal government can be sued by individual consumers for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq.  The decision is significant in that it paves the way for more FCRA

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Connecticut Attorney General Report: CTDPA Enforcement Insights & Takeaways | Privacy World

California Attorney General Announces Industry Investigative Sweep into

Hot on the tail of California Attorney General Rob Bonta’s announcement of an investigative sweep targeting streamlining services (see our blog post here), Connecticut’s Office of the Attorney General (“OAG”) is making headlines with its recent report covering its preliminary enforcement actions under the Connecticut Data Privacy Act (“CTDPA”). We’ve previously covered Colorado and California enforcement activity here.Continue Reading Connecticut Attorney General Report: CTDPA Enforcement Insights & Takeaways

Last week, California Attorney General Rob Bonta announced an investigative sweep of providers of streaming services to determine whether these businesses are complying with California Consumer Privacy Act (“CCPA”) opt-out requirements for businesses that sell or share consumer personal information.

“From watching live sporting events to blockbuster movies, families increasingly use streaming platforms for entertainment, and we must make sure that their personal information is protected. Today, we are taking a close look at how these streaming services are complying with requirements that have been in place since 2020,” said Attorney General Bonta.Continue Reading California Attorney General Announces Industry Investigative Sweep into CCPA Compliance