Carolyn Metnick

American Privacy Rights Act (APRA) Update  Lawmakers released a revised version of the American Privacy Rights Act (APRA), moving it out of subcommittee unanimously to the full Energy and Commerce Committee on May 23.  APRA aims to establish federal data privacy laws but includes preemption provisions that override stronger state protections like those in California.  Average Internet use is nearly seven hours daily, generating significant amounts of data and underscoring the need for robust privacy legislation.  APRA revisions expanded from 53 to 174 pages, yet concerns remain about preemption, sensitive information, profiling, and government service provider protections. Key Changes: Ø Targeted Advertising : The bill allows broader data collection for targeted ads, raising concerns about potential loopholes. Ø Child Protections : Elements of COPPA 2.0 were included, but protections for minors are seen as insufficient. Ø Data Deletion : Adds a mechanism for deleting data not directly collected by brokers, akin to California's “Delete Act.” § Despite improvements, APRA’s preemption clause could limit states' abilities to enforce stronger privacy laws, reducing the authority of state agencies and attorneys general. § The journey for APRA is ongoing, with further legislative hurdles before potential presidential approval. Stay informed on developments. Source: https://lnkd.in/gC7TBaXR

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Did you catch Alisa McLellan speaking at The Masters Conference Legal? Pro tip, don't just hand all your data over to a consultant and think you are done -- you still have the duty to supervise! #ediscovery #legaltech #ethics

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Important update in biometric privacy laws. Illinois passed Bill 2979, updating the Biometric Information Privacy Act. The recent Coltrane v. White Castle case clarified that every time biometric data is collected, it triggers BIPA, highlighting the need for strict regulation. Comparing the Coltrane decision with Bill 2979 shows how biometric privacy laws are evolving. While Coltrane broadened BIPA's coverage, Bill 2979 provides clearer rules for businesses navigating BIPA. #BiometricPrivacy #DataProtection #EthicalAI"

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On a recent Pioneers and Pathfinders podcast hosted by Stephen Poor  of Seyfarth Shaw LLP, our VP of Legal Solutions and Operational Excellence Brian Corbin talked about the past and future of eDiscovery, offered his insights on change management, and shared what he has learned from his career studying and working in countries around the world. https://lnkd.in/gqjHtcpy #ChangeManagement #LegalTech #LegalInnovation

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📢 Rhode Island Becomes the 20th State to Enact Data Transparency and Privacy Protection Act On June 25, 2024, Rhode Island passed significant legislation to enhance data privacy: 🔹 Scope: - Targets for-profit entities in Rhode Island or serving its residents. - Applies to companies processing data of 35,000+ customers or 10,000+ customers if 20%+ revenue is from data sales. 🔹 Exclusions: - Data under HIPAA, FCRA, DPPA, FERPA, GLBA, employment-related data, state entities, and non-profits. 🔹 Key Requirements: - Implement reasonable security practices. - Obtain consent for sensitive data processing. - Provide detailed privacy notices. - Disclose data sales and usage for targeted advertising. - Conduct and document data protection assessments. 🔹 Consumer Rights: - Access, correct, delete, and port data. - Opt out of targeted advertising and automated profiling. - Use authorized agents for opt-out requests. 🔹 Enforcement: - Rhode Island Attorney General enforces the Act. - Effective January 1, 2026. #DataPrivacy #RhodeIsland #Legislation #DataProtection #PrivacyLaw

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The recently released HTI-2 proposed rule includes important changes related to payer, provider and patient application programming interfaces (APIs). Healthcare and health information technology industry stakeholders should carefully review to understand how the proposed changes intersect with related rulemaking by CMS, and the potential impacts if the rule is finalized. Learn more here: https://lnkd.in/eHYDy8_M

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Introducing a brand-new resource, the Stark Law Toolkit—which includes an extensive index covering CMS commentary on all Stark Law exceptions and terminology, empowering you with quicker access to crucial information for informed decision-making. Whether you're grappling with compliance or conducting research, this toolkit equips you with essential tools to navigate the complexities of the Stark Law confidently. #StarkLaw #Compliance #HealthLaw Access the Toolkit: https://lnkd.in/ek4ABjcs

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Shareholders Jena Valdetero, co-chair of the U.S. Data Privacy & Cybersecurity Practice, and Steven Malina will present the CLE webinar, "Keeping up with the SEC: Unpacking the New Public Company Cybersecurity Rule and Enforcement," on May 21. 🛡️This program will provide an overview of the new rule governing public companies, with a specific focus on the requirement report material cybersecurity incidents within four business days, and a recent enforcement action putting chief information security officers directly in the SEC’s enforcement crosshairs. Attendees will leave with a practical understanding of what’s required to comply with the new rule and key takeaways for companies to consider for compliance. 💻Register: https://buff.ly/3QF1ZKa. #DataPrivacy #Cybersecurity #SecuritiesLitigation #GTChicago #CLE

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The American Bar Association's Standing Committee on Ethics and Professional Responsibility released its first formal opinion on Generative Artificial Intelligence (GAI) Tools. Whether you are a lawyer at a firm or work in-house, this is a ❗MUST READ❗ It gives us crucial guidance on important matters, like competence, confidentiality, communication with clients and fees. Here are some of the most important take-away’s: ✔ Independently verifying a GAI tool may or may not be required, depending on the tool and the task that you asked it to perform. For example, if a GAI tool is used to summarize numerous lengthy contracts, a lawyer would not have to manually re-review all of those agreements if the lawyer had previously tested the GAI tool’s accuracy. ✔ Lawyers should not solely rely on a GAI tool in lieu of performing tasks that call for the exercise of personal judgment. ✔Clients must provide their informed consent to the lawyer before the lawyer inputs information relating to the client’s representation into a self-learning GAI tool. Adding general, boiler-plate provisions to engagement letters authorizing the lawyer to use GAI is insufficient for informed consent. ✔Prior to using a GAI tool, a lawyer should read and understand the Terms of Use, privacy policy and related contractual terms or consult with someone who has. ✔Specific circumstances may warrant the lawyer to consult with the client about the lawyer’s use of GAI. Circumstances to consider include the client’s needs and expectations, the scope of the representation and the sensitivity of the information involved. ✔Lawyers must bill for the actual time spent on a matter, regardless of whether the GAI tool made the lawyer more efficient. #generativeai #artificalintelligence #lawyer #legaladvice https://lnkd.in/eW2w-77x

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