On November 9, 2022, the New York Department of Financial Services (“NYDFS”) announced the publication of the official proposed amendments to its 2017 Cybersecurity Regulation 23 NYCRR 500 (“Proposed Amendments”). This announcement follows a highly active pre-proposal comment period, during which industry stakeholders shared their thoughts with the NYDFS on the changes under consideration, which we covered here for an…

On Thursday, November 17, 2022, at 1:00 PM ET, Debevoise’s Anna Gressel will join TruEra for a conversation on New York City’s new Automated Employment Decision Tool Law, which requires employers to conduct an independent bias audit of their AI employment tools by January 1, 2023. Anna will be joined by Anupam Datta, TruEra’s Co-founder, President and Chief Scientist, as…

Key takeaways this October include: Facial Recognition: Businesses face continued challenges in establishing GDPR-compliant facial recognition technology, including those with no presence in the EEA, after the French CNIL fined Clearview AI €20 million for “intrusive and massive” data processing without consent or a valid legitimate interest, among other failings; Digital Services Act: The EU’s adoption of the Digital Services…

On 24 October 2022, the UK Information Commissioner’s Office (“ICO”) fined Interserve Group Limited £4.4 million for failing to implement appropriate technical and organisational measures to safeguard 113,000 individuals’ personal data in company HR databases. Here we outline what went wrong and lessons for businesses about how to manage the risk of similar incidents and regulatory enforcement action. What happened?…

On October 4, 2022, the White House released the Blueprint for an AI Bill of Rights (the “Blueprint”), which provides non-binding “principles” for organizations in both the public and private sectors to use when developing or deploying artificial intelligence (“AI”) or other automated systems. The Blueprint does not include many new ideas for AI compliance. Instead, it represents a collection…

On September 28, 2022, the European Commission released a proposal to change the legal landscape for companies developing and implementing artificial intelligence in EU Member States. This AI Liability Directive would require Member States to implement rules that would significantly lower evidentiary hurdles for victims injured by AI-related products or services to bring civil liability claims. Most importantly, the Directive…

On October 7, 2022, U.S. President Biden signed Executive Order 14086 on Enhancing Safeguards for United States Signals Intelligence Activities (the “Order”). The administrative Order creates new protections applicable to cross-border data sharing through a phased implementation process and is the latest step toward establishing a new data privacy framework intended to permit the free flow of data from the…

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance, state privacy laws, and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices. There is no single definition for “dark patterns,” but the term generally refers to user interfaces…

European Data Protection Roundup – September 2022 Key takeaways this September include: Google Analytics: Continue to assess carefully the use of Google Analytics. The Danish Data Protection Agency became the latest supervisory authority to suggest that the cross border transfers involved in the use of Google Analytics in the European Union, without more, violates the GDPR; Data Transfers: Regulators are…

On September 20, 2022, the SEC announced settled charges and the imposition of a $35 million penalty against a dually registered investment adviser and broker-dealer (the “Firm”) for violations of Regulation S-P (“Reg S-P”). The SEC found that the Firm violated Reg S-P’s requirements for registrants to adopt written policies and procedures to safeguard customer records and information (the “Safeguards Rule”)…