Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]
Article: Executive Order to Limit Sales of Americans’ Sensitive Data to Adversarial Foreign Governments
Peter Swire, Senior Counsel at Alston & Bird, has co-authored a detailed article in Lawfare, “Limiting Data Broker Sales in the Name of U.S. National Security: Questions on Substance and Messaging,” analyzing the Biden Administration’s new Executive Order issued yesterday. Swire’s article summarizes key aspects and impacts of the Executive Order, which is intended to […]
White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans
Today, the White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern. This executive order is expected to be published later today, and to direct the Department of Justice (DOJ) to issue regulations designed to address transactions that involve […]
NYDFS Releases Circular Letter on Use of AI in Insurance Underwriting and Pricing
On January 17, 2024, the New York State Department of Financial Services (“NYDFS”) issued a proposed circular letter for comment regarding the “Use of Artificial Intelligence Systems and External Consumer Data and Information Sources in Insurance Underwriting and Pricing” (the “Circular Letter”). The Circular Letter details NYDFS’ expectations and guidelines for the use of artificial […]
EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact
On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that the GDPR’s AI rules apply when banks use credit scores to make consumer credit decisions. But, the decision […]