A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’ activities without their consent, violating the California Invasion of Privacy Act (CIPA). Specifically, the plaintiffs allege that the company along with its third-party marketing software platform, intercepted and
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Firings at the US Privacy and Civil Liberties Oversight Board and Potential Impact on Transatlantic Data Transfers
President Trump recently fired the three democrats on the Privacy and Civil Liberties Oversight Board (PCLOB). Since these firings bring the Board to a sub-quorum level, they have the potential to significantly disrupt transatlantic transfers of employee and other personal data from the EU to the US under the EU-US Data Privacy Framework (DPF).
The PCLOB is an independent board…
What Employers Need to Know About the California Transparency in Supply Chains Act
In an era where consumers are increasingly concerned about ethical sourcing and labor practices, the California Transparency in Supply Chains Act (CTSCA) stands as a significant piece of legislation.
Enacted in 2010, the CTSCA aims to combat human trafficking and slavery in global supply chains, promoting greater transparency and accountability among businesses operating in California.
The CTSCA requires large retailers…
Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace
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 and the associated implications for…
Insider Threats: The Overlooked Risks of Departing Employees and Sensitive Data Theft
Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive company data. These situations can severely impact a business, especially when departing employees abscond with confidential business information or trade secrets. Focusing on how the theft of such information could cripple…
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 second advisory focuses on healthcare…
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 in the same way it…
FAQs for Schools and Persons Affected By the PowerSchool Data Breach
A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software products to more than 16,000 customers, largely K-12 schools, that serve 50 million students in the United States. According to reports, PowerSchool informed customers that, on December 28, 2024, PowerSchool became aware of a cybersecurity incident involving unauthorized…
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 (e.g., CISA, FBI,…
EEOC Issues New Guidance on Wearable Technologies: Key Points for Employers
As more employers incorporate wearable technology in the workplace, including those enhanced by artificial intelligence, the Equal Employment Opportunity Commission (EEOC)’s new fact sheet “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” offers important considerations for employers. The EEOC explains how employers can navigate the complexities of using wearable…