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[…] may seek the input of data subjects or their representatives before approval (Section 65). The Act does not specifically mention that each controller must develop their own code of ethics; the broad provision gives leeway for controllers to either do so independently or as a group. Data Subject Rights: From Absolute Opt-Out of Commercial […]

[…] own research.  In many cases, these issues raise novel questions about legal rights and liability. For example, software developers have used ChatGPT to write and improve existing code. Yet LLMs, including ChatGPT, have been shown to regularly produce inaccurate content. If an employee uses the code generated by ChatGPT in a product that interacts […]

[…] discrimination and create an inclusive culture in order to be able to recruit and support an increasingly diverse workforce. By now, many organizations have adopted policies to promote diversity, equity, and inclusion (DEI) in their organizations and the need has arisen to monitor and evaluate their DEI efforts. Without proper monitoring, DEI efforts may […]

[…] U.S. approach to data privacy, which has resulted in insufficient legal protections and a patchwork of state laws. Individuals deserve consistent privacy protections regardless of their zip code or age. We agree with President Biden: It’s time for federal lawmakers to speak in a united, bipartisan voice to create uniform privacy protections for all […]

[…] and then shared or sold to another. While data collection can offer benefits to both you and businesses – like connecting with friends, getting directions, or sales promotions – it can also be used in ways that are intrusive – unless you take control. There are many ways you can protect your personal data […]

[…] just the consent context, recently lawmakers have crafted manipulative design provisions that apply to other types of interfaces and conduct. For example, the California Age Appropriate Design Code (CA AADC) prohibits services targeted at young people from using “dark patterns” to steer youth into sharing personal data or to act in a way that […]

[…] The Hill and Lawfare editorials respectively. In addition to federal privacy legislation, 2022 also saw the introduction of consumer privacy laws in Utah and Connecticut, joining California, Virginia, and Colorado. Last month, FPF urged the Federal Trade Commission to prioritize practical rules that clearly define individuals’ rights and companies’ responsibilities in our filed comments […]

[…] because the regulation of data privacy and security is a “major question” best served through Congress. These comments focused on the Supreme Court’s 2022 ruling in West Virginia v. EPA, holding that regulatory agencies, absent clear congressional authorization, cannot issue rules on major questions that affect a large portion of the American economy. Several […]

[…] remarks on state-level legislation focusing on the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), adding that Colorado, Connecticut, Utah, and Virginia have similar laws. She elaborated on the CPRA’s contractual language, comparing California’s categorization of “Businesses,” “Contractors,” “Third Parties,” and “Service Providers” to the GDPR’s distinction between […]

[…] Rights Act (CPRA) ballot initiative expanded California’s privacy regime, establishing heightened protections for certain sensitive personal information and providing a right to correct inaccurate data. In 2021, Virginia (VCDPA) and Colorado (CPA) enacted laws that are notable for creating ‘opt-in’ affirmative consent requirements in addition to California-style ‘opt-out’ privacy rights. Finally, in 2022, Connecticut […]