As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology
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California Attorney General Issues Two Advisories Summarizing Law Applicable to AI
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws. The…
New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools
This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et seq. (LAD), to artificial intelligence technologies. In short, the NJAG’s guidance states:
the LAD applies to algorithmic discrimination…
AI versus MFA
Ask any chief information security officer (CISO), cyber underwriter or risk manager, or cybersecurity attorney about what controls are critical for protecting an organization’s information systems, you’ll likely find multifactor authentication (MFA) at or near the top of every list. Government agencies responsible for helping to protect the U.S. and its information systems and assets…
What is Automated Decisionmaking Technology (ADMT) under CCPA proposed regulations?
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to advance proposed regulations concerning automated decisionmaking technology. While the comment period is ongoing and we do not have final rules, we are taking a look at some key provisions to help businesses begin to assess the potential effects of these rules if made…
2024 Wrap-Up of the Workplace Privacy, Data Management & Security Report
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024.
Expanding State Privacy Laws
This year saw a further expansion of state comprehensive consumer data privacy laws. These legislative measures aim to enhance the…
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…
California Privacy Protection Agency Advances Rulemaking on AI and Cybersecurity Audits
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to proceed with formal rulemaking regarding artificial intelligence (AI) and cybersecurity audits. This comes on the heels of the California Civil Rights Department moving forward with its own regulations about AI.
The current version of the proposed regulations covers several areas:
…
California Passes Legislation Protecting Performers’ Digital Rights
Governor Newsom recently signed two significant bills focused on protecting digital likeness rights: Assembly Bill (AB)1836 and Assembly Bill (AB) 2602. These legislative measures aim to address the complex issues surrounding the commercial use of an individual’s digital rights and establish guidelines for responsible AI use in the digital age.
California AB 1836 addresses…
California Seeks to Have Consistent Definition of Artificial Intelligence
Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California. However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A regulatory framework that leads to inconsistent results likely will lead to other problems. Acknowledging this, the most recent California legislature included a bevy of bills…