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[…] create heightened protections for teens, and new protections for design and safety. However, KOSPA also contains a novel knowledge standard, limited preemption, and a novel “duty of care,” along with requiring particular design safeguards and prohibiting targeted advertising to children and teens.  1. A novel knowledge standard Similarly to COPPA, the Kids Online Safety […]

[…] detail how they manage risks of algorithmic discrimination. Both developers and deployers must notify the Attorney General of any discovered instances of algorithmic discrimination.  3. Duty of Care to Mitigate Algorithmic Discrimination: Developers and deployers are also subject to a duty to use “reasonable care” to protect consumers from “any known or reasonably foreseeable […]

[…] Second, the designated controller of a website or ISP that “collects, stores and sells customers’ personally identifiable information” (PII) must disclose certain information within either the controller’s customer agreement, an addendum to that agreement, or “in another conspicuous location on its website or online service platform.” The controller must provide:  “all categories of personal […]

Enforcement activity intensifies as U.S. consumer privacy laws continue to evolve and come into effect. In 2023 and 2024 alone, there have been dozens of enforcement actions at the U.S. federal and state levels, some of which reveal or touch on significant throughlines for privacy policy issues, such as what constitutes a privacy violation or […]

[…] v. Kochava, the Commission argues that the collection and disclosure of location data can constitute an injury under Section 5 of the FTC Act.  As an increasing number of state comprehensive privacy laws come into effect and the right to cure sunsets in many state laws, enforcement activity will continue to intensify. The Texas […]

[…] Perceptions of privacy risks around data have become a significant weight on the balancing scale between protecting reproductive privacy and developing technologies and data that progress reproductive care and health. In the wake of Dobbs, reproductive data and inferences drawn regarding reproductive status, as well as related information, have become a significant area of […]

In April 2023, the Department of Health and Human Services Office of Civil Rights (HHS OCR) initiated a Notice of Proposed Rulemaking (NPRM) “To Support Reproductive Health Care Privacy” and “modify existing standards by prohibiting uses and disclosures of for criminal, civil, or administrative investigations or proceedings against individuals, covered entities or their business […]

[…] its scope and content. In addition to general obligations to respect and uphold human rights, it aims to establish a risk-based approach to regulating AI and a number of common principles related to activities within the entire lifecycle of AI systems. Its general principles include, among others, respect for human dignity; transparency and oversight; […]