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Privacy & Cyber Regulatory Enforcement

Making (Brain) Waves: New Colorado Legislation Poised to Protect Privacy of Neural Data

January 19, 2024 By Sara Pullen

Neurotechnology, like wearable EEG headbands and invasive brain implants, collects information from electrical nerve impulses and brain waves derived from your brain, spinal cord, or nervous system.  This information, or neurodata, is valuable, unique, potentially individually identifiable, and has the potential to provide access to a person’s memories, biases, and intentions.  (For more information, see […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), HIPAA/Health Information Privacy, Security & Breach Response, Privacy & Cyber Regulatory Enforcement

Colorado AG Recognizes Global Privacy Control as the First Valid Universal Opt-Out Mechanism

January 4, 2024 By David Keating and Hyun Jai Oh

On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act (the “CPA”).  Effective July 1, 2024, controllers subject to the CPA will need to treat Colorado consumers’ privacy preferences submitted through […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement Tagged With: Behavioral Tracking, Data Protection, Privacy, Regulatory Enforcement, Tracking, US State Law

NYDFS Releases Consent Order in First Enforcement Action Brought Under the Cybersecurity Regulations

December 18, 2023 By Lance Taubin, Ashley Miller, Kristen Bartolotta and Privacy, Cyber & Data Strategy Team

After a three-year investigation/enforcement action by the New York Department of Financial Services (“NYDFS”), NYDFS entered into a Consent Order with a large title insurer (the “Company”) for its violation of NYDFS’s Cybersecurity Regulation (23 NYCRR Part 500) (the “Regulation”), specifically, its failure to protect non-public information (“NPI”). NYDFS originally brought the enforcement action in […]

Filed Under: Board Governance & Cyber Risk Management, Crisis & Data Breach Response, Privacy & Cyber Regulatory Enforcement Tagged With: Cybersecurity, Regulatory Enforcement, US State Law

FCC Plans to Update Data Breach Notification Rules

December 12, 2023 By Kim Peretti and Lance Taubin

After a decade and a half under the current data breach notification rules for telecommunications carriers and telecommunications relay services (TRS) providers, the FCC recently unveiled plans to update and expand them. On November 22, 2023, the FCC issued a Report and Order that it intends to consider at its December 13th meeting that would […]

Filed Under: Crisis & Data Breach Response, Privacy & Cyber Regulatory Enforcement Tagged With: Data Breach Notification, Federal Communications Commission (FCC), Regulations

Companies Prepare for Change as EU Legislators Agree on EU Artificial Intelligence Act

December 10, 2023 By Paul Greaves and Wim Nauwelaerts

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 […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Privacy & Cyber Regulatory Enforcement Tagged With: AI, Artificial Intelligence, EU Regulation, European Union (EU)

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