On December 10, 2024, President-elect Trump named FTC Commissioner Andrew Ferguson as next Chairman of the Federal Trade Commission (FTC), replacing Chair Lina Khan on January 20, 2025. As a Senate-approved sitting Commissioner, he will not need Senate approval to assume the role of Chairman. President-elect Trump also named Mark Meador as a Commissioner to
What Happens If an AI Model Is Developed With Unlawfully Processed Personal Data
The European Data Protection Board recently issued an opinion on AI models, shedding light on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model on the subsequent processing or operation of the AI model.
Possible remedies: Up to and including model deletion
Supervisory authorities
Supervision and Enforcement of the European Union’s AI Act
This blog post introduces the universe of European and national authorities and other relevant actors in the area of supervision and enforcement of the European Union’s Artificial Intelligence Act and provides a brief overview of possible penalties under the AI Act.
Making a List and Checking it Twice: Navigating State Privacy and Security Regulations This Year
While there are many significant federal laws and regulations related to cybersecurity, states have led the way in regulating this area on a general, sector-agnostic basis, with the most notable and widely acknowledged state cybersecurity provisions being state data breach notification laws. However, more recently, states have focused on passing comprehensive privacy, rather than security,
AI and Other Decision-Making Tools: Does the Fair Credit Reporting Act Apply?
The Consumer Financial Protection Board (CFPB) recently issued guidances titled Consumer Financial Protection Circular 2024-06: Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions | Consumer Financial Protection Bureau and Consumer Financial Protection Circular 2023-03: Adverse action notification requirements and the proper use of the CFPB’s sample forms provided in Regulation
Australia’s Privacy Reforms: Claus for Concern?
In the six years since the EU’s General Data Protection Regulation (“GDPR”) took effect, governments around the world have updated their data protection laws to reflect the seismic changes in data processing that were created with the introduction of the smartphone. Having been in place for nearly 40 years, Australia’s Privacy Act (1988) has been
‘All Hands on Deck’ – White House Continues to Call on Agencies for AI National Security Plan
In the waning months of the current administration, the White House issued a memo setting forth actions focused on national security as directed in the AI Executive Order from last year. As a reminder, the order -while directed to government agencies- also had impacts on how businesses use of artificial intelligence.
No Holiday Break for EdTech Compliance
While students are about to embark on their holiday break, there is no such luck for educational technology (“EdTech”) providers. Privacy, cybersecurity, and artificial intelligence compliance obligations have proliferated over the past year, with no signs of slowing down. While it is hard to keep track of the numerous regulations and proposals on the state
Health Privacy Developments to Watch in 2025
2024 was an incredibly busy year for health privacy. As the year draws to a close and we look ahead to 2025, we share several areas that we are watching in the coming year, which we expect to be similarly busy with federal- and state-level activity:
Your Data, Your Rules: How Cloaked Puts You in Control of Privacy and Security
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Arjun and Abhijay Bhatnagar are Co-founders of Cloaked, a consumer privacy company. As developers and privacy advocates, they have created a secure, all-in-one privacy platform that gives consumers control over their personal information while helping reshape