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Rethinking Personal Data: The CJEU’s Contextual Turn in EDPS vs. SRB
[…] 2019, the SRB transferred 1,104 comments relevant to the valuation to Deloitte via a secure server. Deloitte never received the underlying identification data or the key linking codes to individuals. Several participants complained to the European Data Protection Supervisor (EDPS) that they had not been informed of this disclosure to Deloitte. In a revised […]
The State of State AI 2025
[…] strong concern that replicating the EU AI Act could create regulatory overreach. However, civil society groups argue that even comprehensive frameworks like the Colorado AI Act or Virginia’s HB 2094 (vetoed) are significantly narrower in scope and that highlighting that superficial similarities with the EU AI Act, such as shared definitions or structural references, […]
“Personality vs. Personalization” in AI Systems: Intersection with Evolving U.S. Law (Part 3)
[…] through user-generated input. For example, a 2015 claim against Snap, Inc. survived Section 230 dismissal following a claim that a specific “Speed Filter” Snapchat feature (since discontinued) promoted reckless driving. In other cases, the personalization of a system through demographic-based targeting that causes harm may also implicate tort and product liability law when organizations […]
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A Price to Pay: U.S. Lawmaker Efforts to Regulate Algorithmic and Data-Driven Pricing
[…] bills contain such exemptions—legislation might still inadvertently capture other accepted practices such as specials aligned with seasonal changes, bulk purchase discounts, deals on goods nearing expiration, or promotions to clear inventory. Lawmakers must also consider how any new definitions interact with definitions in existing law. For example, an early version of California AB 446, […]
Annual DC Privacy Forum: Convening Top Voices in Governance in the Digital Age
[…] for “Competition/Data Protection in an AI World.” Joined by Maureen Ohlhausen, Partner at Wilson Sonsini and Peter Swire, FPF Senior Fellow, and J.Z. Liang Chair at the Georgia Institute of Technology, this panel asked discussants to consider the key intersection between privacy and competition in the age of AI, focusing specifically on how regulators […]
12. Everything is Health Data 2025 Annual Meeting Brief Sheet
[…] tools and consumer health technologies? 7. How can organizations build trustworthiness while innovating with health data for public good and commercial use? 8. What role should sector-specific codes of conduct or certifications play? 0–3 PRE-READ DOCUMENTS (optional) ● Comparison of Consumer Health Privacy Frameworks: New York, Washington, and Connecticut ● Consumer Health Data Privacy […]
Vermont and Nebraska: Diverging Experiments in State Age-Appropriate Design Codes
In May 2025, Nebraska and Vermont passed Age-Appropriate Design Code Acts (AADCs), continuing the bipartisan trend of states advancing protections for youth online. While these new bills arrived within the same week and share both a common name and general purpose, their scope, applicability, and substance take two very different approaches to a common goal: crafting a design code […]
Vermont and Nebraska: Diverging Experiments in State Age-Appropriate Design Codes
In May 2025, Nebraska and Vermont passed Age-Appropriate Design Code Acts (AADCs), continuing the bipartisan trend of states advancing protections for youth online. While these new bills arrived within the same week and share both a common name and general purpose, their scope, applicability, and substance take two very different approaches to a common goal: […]
DBJ_Weld_Re-Identification
[…] the advancement of science and healthcare improvements which are accomplished with de-identified data. Properly implemented de-identification complying with the HIPAA de-identification provisions goes a long way toward promoting such a reasonable balance, but I would suggest that there is still room for further improvements in this regard. Where Should We Go From Here? Perhaps […]