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 […]
Artificial Intelligence
Companies Prepare for Change as EU Legislators Agree on EU Artificial Intelligence Act
On December 8, 2023, following marathon negotiations, European Union (‘EU’) legislators reached a political agreement on the much-anticipated EU Artificial Intelligence Act (‘AI Act’). The AI Act is billed as the first comprehensive legal framework on AI systems worldwide, and will impose obligations on both private and public sector actors which develop, import, distribute, or […]
California Privacy Protection Agency Releases Draft Regulations on Risk Assessments
On August 28, 2023, the California Privacy Protection Agency (the “Agency”) released two sets of draft regulations under the California Consumer Privacy Act (the “CCPA”), one for risk assessments and another for cybersecurity audits, as part of the Agency’s informal rulemaking process. We discuss the draft cybersecurity audits in California Proposes Annual Audits to Assess […]
FTC Launches Investigation into Creator of ChatGPT
In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally non-public, the Washington Post published what appears to be part of the CID sent from the FTC to OpenAI. This investigation comes on the […]
FTC Cautions Against Biased Outcomes in Use of AI and Algorithms
As the healthcare and financial impacts of COVID-19 continue to evolve with the global pandemic, the use of AI technology and associated risks have received greater attention. On April 8, 2020, the FTC posted an extensive summary of its recent enforcement actions, studies, and guidance regarding the use of AI tools and algorithms. The summary […]