Data Privacy and Cybersecurity Posts

2024, AI, and the Harnessing of the Wild West

Jan 10, 2024

2024, AI, and the Harnessing of the Wild West

We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic.  AI is making headlines in terms of legal battles and legislative developments.  At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized…

Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

Jan 2, 2024

Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving…

How Does AI Use the Data You Give it?

Dec 20, 2023

How Does AI Use the Data You Give it?

The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own…

Ad Tech in Europe: What Does the Future Hold?

Dec 4, 2023

Ad Tech in Europe: What Does the Future Hold?

If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states…

Plunging into the unknown: companies should look to sound privacy practices as they integrate AI

Oct 24, 2023

Plunging into the unknown: companies should look to sound privacy practices as they integrate AI

How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would…

Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information

May 10, 2023

Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information

Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse.  The White House is accordingly delving into AI’s role in the workplace, recently…

Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

Apr 10, 2023

Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1]  It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices.  It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost…

Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

Oct 28, 2022

Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections. …

Schrems II Screams: CJEU Decision Puts Companies in Tailspin Over EU-US Data Transfers

Jul 17, 2020

Schrems II Screams: CJEU Decision Puts Companies in Tailspin Over EU-US Data Transfers

The privacy world is abuzz about the European Court of Justice’s July 16, 2020 decision in Schrems II: Europe’s highest court invalidated the EU-US Privacy Shield framework. The Privacy Shield provides a streamlined mechanism to facilitate personal data transfers from Europe to the U.S. It was implemented in 2016 following the invalidation of an earlier…

Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.

Apr 8, 2020

Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.

Does your company’s privacy policy include a claim that it is Privacy-Shield certified? If so, you should ensure that it is, in fact, certified and that the certification has not lapsed. Failures in this area are low-hanging fruit for government enforcement actions.   A little background on the Privacy Shield Framework.  The U.S. Privacy Shield framework…