📞Why is a Cold War-era wiretap law showing up in so many lawsuits? Read this week's edition of #PrivacyInsider to find out! Plus: 🇧🇷Brazil halts Meta AI data processing 🇬🇧Data privacy implications for Labour’s win in the UK 🤖CPPA to meet on automated decision-making ➕and more! https://pvcy.me/3zBDqbr
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Founding Partner with Creative Solutions | I support Enterprise Companies with their Marketing, Tech, IP, and General Transactional law needs | CIPP/US CIPP/E | CLE Speaker
**Can you easily change your Privacy Policy without informing users?** 🤖Artificial Intelligence (AI) companies often rely on their user databases as a primary source to drive tech and business innovation. However, they also have privacy policies to safeguard user information, leading to a conflict between business goals and privacy commitments. Companies may attempt to address this conflict by altering their privacy policies to expand data usage, potentially without informing users. They adopt more lenient data practices, such as sharing consumer data with third parties or using it for AI training, without transparently informing consumers through updated terms of service or privacy policies. However, such actions could lead to legal consequences if companies fail to uphold their privacy commitments. The FTC has a history of challenging deceptive practices related to privacy policies that breach promises made to consumers. For example: 🔹20 years ago, the FTC charged Gateway Learning Corporation, the maker of "Hooked on Phonics," for violating the FTC Act. This was due to changes in its privacy policy that allowed sharing consumer data with third parties without informing or obtaining consent from consumers. 🔹Last summer, the FTC accused a genetic testing firm of breaking the law by revising its privacy policy to widen the types of third parties with whom it could share consumers' personal data retroactively. The FTC stated that the company did so without informing or obtaining consent from consumers who had previously shared personal data. 📌The FTC remains committed to taking action against companies involved in unfair or deceptive practices, including those that covertly alter their privacy policies or terms of service to gain unrestricted access to consumer data for product development. 📖Read more here: https://lnkd.in/eeBbXHKa 💡Need help making sure your business' privacy policy is in compliance with the law? Contact us at Your Ad Attorney, Inc. #artificialintelligence #privacy #business #youradattorney
AI (and other) Companies: Quietly Changing Your Terms of Service Could Be Unfair or Deceptive
ftc.gov
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The Federal Trade Commission warns in a new blog post that companies may be engaged in “unfair or deceptive practices” if they change privacy policies or terms of service in order to tap into user data for the development of new artificial intelligence products. “It may be unfair or deceptive for a company to adopt more permissive data practices -- for example, to start sharing consumers’ data with third parties or using that data for AI training -- and to only inform consumers of this change through a surreptitious, retroactive amendment to its terms of service or privacy policy,” according to the Feb. 13 blog post. READ FULL STORY: #artificialintelligence
FTC warns of ‘surreptitious’ changes to privacy policies as companies develop AI products
insideaipolicy.com
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**Can you easily change your Privacy Policy without informing users?** 🤖Artificial Intelligence (AI) companies often rely on their user databases as a primary source to drive tech and business innovation. However, they also have privacy policies to safeguard user information, leading to a conflict between business goals and privacy commitments. Companies may attempt to address this conflict by altering their privacy policies to expand data usage, potentially without informing users. They adopt more lenient data practices, such as sharing consumer data with third parties or using it for AI training, without transparently informing consumers through updated terms of service or privacy policies. However, such actions could lead to legal consequences if companies fail to uphold their privacy commitments. The FTC has a history of challenging deceptive practices related to privacy policies that breach promises made to consumers. For example: 🔹20 years ago, the FTC charged Gateway Learning Corporation, the maker of "Hooked on Phonics," for violating the FTC Act. This was due to changes in its privacy policy that allowed sharing consumer data with third parties without informing or obtaining consent from consumers. 🔹Last summer, the FTC accused a genetic testing firm of breaking the law by revising its privacy policy to widen the types of third parties with whom it could share consumers' personal data retroactively. The FTC stated that the company did so without informing or obtaining consent from consumers who had previously shared personal data. 📌The FTC remains committed to taking action against companies involved in unfair or deceptive practices, including those that covertly alter their privacy policies or terms of service to gain unrestricted access to consumer data for product development. 📖Read more here: https://lnkd.in/ekAY8REc 💡Need help making sure your business' privacy policy is in compliance with the law? Contact us at Your Ad Attorney, Inc. #artificialintelligence #privacy #business #youradattorney
AI (and other) Companies: Quietly Changing Your Terms of Service Could Be Unfair or Deceptive
ftc.gov
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The California Privacy Protection Agency has released expansive draft regulations on the use of "automated decisionmaking technology," which would cover not only AI tools used to make fully automated decisions, but also extend to AI and other software tools used to facilitate human decision-making. This may be the next major chapter in the California Consumer Privacy Act. Christine Chong and I share thoughts on these draft regulations in the article below. #ccpa #privacylaw https://lnkd.in/dnKS5SWg
The California Privacy Protection Agency Releases a First Draft of Automated Decisionmaking Opt-Out and Access Regulations
technologyquotient.freshfields.com
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Proposed for a privacy/sanity law: to required the provider to allow any user of a site or program to disable all AI features in that software if they wish, always allowing the ability to easily permanently opt-out. https://lnkd.in/gVKR2Kdi
Protecting privacy in an AI-driven world
https://www.brookings.edu
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Certified AI Governance Professional #AIGP #IAPP | Strategic Legal Advisor & Policy Expert | Constitutional Law Professor | Advocate for Privacy & Ethical AI ⚖️ #LegalInnovation #PolicyExpert #AIinLaw *views are my own*
In an era where data is the new currency, the urgency for federal data privacy laws has never been greater. As we witness the burgeoning support for such legislation in Congress, it's clear that comprehensive data privacy laws are fundamental to the effective regulation of AI technologies. A robust legal framework not only protects consumer privacy but also fosters innovation by setting clear and consistent guidelines for businesses. A recent article from US News highlights the growing momentum behind federal data privacy laws, underscoring the critical role these laws will play in underpinning substantive AI governance regulation. The potential for bipartisan support is promising, and despite the critics, I want to remain optimistic about a bipartisan solution. Federal data privacy laws will provide the necessary foundation to ensure AI technologies are developed and deployed responsibly, protecting civil liberties while driving technological progress. #DataPrivacy #AIGovernance #TechLaw #Innovation #FederalRegulation #PrivacyMatters #Congress #EmergingTech [Read more here](https://lnkd.in/eJ2YDb_S.)
Federal Data Privacy Laws Gain Support in US Congress, but Critics Remain
usnews.com
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These privacy bills wouldn't have to be so insanely complicated, and require companies to pay additional millions to lawyers even if they already comply, if legislators simply set a limit on the number of fields that can be legally collected on an individual. Associated fields in a database have an objective count. "Data minimization" does not. It's a stupid principle that exists only to create wiggle room for privacy violators, and work for lawyers. The limit on data collection could be 1000, 100, or 10 fields on each of us. It doesn't matter as much as to stop saying "no more than you feel like you need." All digital privacy harms stem from competition over personal data collection. There's an arms race for personal data to fuel 1st-gen AI. If the limit on personal data was a hard limit, competition would shift to things that matter for the American economy, e.g. AI itself. https://lnkd.in/eB4PAquH ...
Committee Chairs Cantwell, McMorris Rodgers Unveil Historic Draft Comprehensive Data Privacy Legislation
commerce.senate.gov
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An American Privacy Rights Act has emerged this week, aiming to drive enforceable data privacy rights nationwide. From the press release: "This landmark legislation gives Americans the right to control where their information goes and who can sell it. It reins in Big Tech by prohibiting them from tracking, predicting, and manipulating people’s behaviors for profit without their knowledge and consent." This bill takes aim at algorithms, which underpin AI, in order to protect American's data and prevent discrimination against individuals based on data collected. This bill would minimize data sharing while also allowing consumers to opt out of any data collection and require express consent to share data. I love the idea, but is it too little too late? Our data is everywhere today. Every time I do/search/research/watch anything digitally, every app and website seems to know about it within moments regardless of how many protections I have enabled. There are storehouses of data already available on each of us today. I welcome this bill, but I hope we continue to look forward at how AI will be developed and used, so that security-based legislation does not lag use cases substantially. Today, it feels like we're already a year (or more) behind as I review proposed bills and look at proposed implementation dates. You can read a detailed summary of the bill here: https://lnkd.in/gp2ddCm7 #AI #dataprivacy #datasharing
Committee Chairs Rodgers, Cantwell Unveil Historic Draft Comprehensive Data Privacy Legislation
energycommerce.house.gov
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Let's face it. AI technology isn't going anywhere. In our own lives, we can see how much more prevalent it in our daily lives. As it's use continues to increase, there are questions surrounding our personal privacy. This article in The Hill is interesting. It addresses the issue of companies and organizations using AI technologies without doing meticulous reviews. This excerpt sums it up: "The allure of the technology may distract them from recognizing potential pitfalls. But it should go without saying: Do not allow your organization to fall into the same trap. My experience within the industry gives me a sense of foreboding about its ability to self-police. Instances of failure, exemplified by the Rite Aid case, will become more common and prompt regulatory authorities to take stringent measures in the near-term as AI technology continues to encroach on fundamental privacy rights. As data collection grows exponentially through various means, including the Internet of Things, the threats only loom larger". AI isn't going anywhere. It is here to stay and will continue to be used. That being said, we have to be cognizant of potential risks, especially to our privacy. It is important for organizations to take the time to really vet the technology that they are using and identify potential risks. At the moment, legislation and regulations are struggling to keep up with the evolving technologies. That doesn't mean that it should be a free pass for organizations to do what they want. The EU is working on regulations surrounding the ethical use of AI technology and last year, President Biden issued an executive order with the goal of making sure the use of AI technology is "safe, secure, and trustworthy". What are your thoughts on the growing use of AI technology? #privacy #privacymatters #privacylaw #privacycompliance #gdprcompliance #gdpr #aitechnologies #aigovernance #ailegislation #aiprivacy #biometrics #biometricprivacy https://lnkd.in/ejWssZbq
Unchecked AI rollout threatens privacy rights
https://thehill.com
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