The Kids Online Safety Act (KOSA) of 2023 is circulating Congress with bipartisan support. According to bill sponsors Senator Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), KOSA would require social media companies to develop enhanced parental controls for online platforms.
Additionally, and much more controversially, KOSA creates a duty for online platforms to prevent and
State privacy laws are changing rapidly in the U.S. Here are summaries of seven new state laws that have been enacted and go into effect in the next few years. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law.
Under each of the acts summarized below, consumers will have the right to access their personal data, the right to correct inaccurate data, the right to data portability, the right to have their data deleted, and the right to opt out of targeted advertising of personal data. Businesses will be required to practice purpose limitation, maintain data security, get consumer consent for data processing, and complete regular data impact assessments. Businesses will be barred from discriminating against consumers who exercise their rights under the law and will be required to secure data processing agreements with service providers. Similarly, these laws each exclude financial institutions or their affiliates that are governed by, or personal data that is collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act ; state bodies/agencies; nonprofit organizations; institutions of higher education; national securities associations registered with the SEC; and covered entities or business associates as defined in the privacy regulations of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
The White House hosted a roundtable meeting Tuesday on the data brokering industry as a part of an administration-wide push toward strengthening America’s consumer privacy landscape. The meeting brought together researchers, regulators, and consumer advocates. The Biden-Harris Administration has called for stronger national regulations on data brokering, or the buying and selling of personal consumer
X Corp (formerly Twitter) has cracked down on data scrapers in a series of lawsuits filed within the last several weeks. One lawsuit targets an Israel-based research firm that provides commercial data scraping, called Bright Data, for alleged unjust enrichment. Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping
The California Privacy Protection Agency’s (CPPA) Enforcement Division is conducting a review of data privacy practices by connected vehicle manufacturers and related technologies. The CPPA, which was established by the 2018 California Privacy Rights Act, has been primarily focused on developing regulations. This investigation marks its first significant enforcement effort.
Connected vehicles, with features like
As modern companies are increasingly adopting AI systems to automate and augment their businesses, many legal and compliance departments have cautioned against fully embracing this new and untested technology. Successful companies will need to develop an approach that allows them to benefit from AI’s competitive advantage while mitigating their risk of litigation.
In response to
Tennessee, Montana, Iowa, and Indiana have each recently passed a consumer privacy statute in recent weeks. These laws follow the same trend started by California’s Consumer Privacy Act by granting consumers the right to know whether a company is processing their data; the right to access that data, obtain a copy, and to have it
Colorado is poised to become one of the first states to regulate how insurers can use big data and AI-powered predictive models to determine risk for underwriting. The Department of Insurance recently proposed new rules that would require insurance companies to establish strict governing principles on how they deploy algorithms and how they submit to
The New York City Department of Consumer and Worker Protection will delay enforcement of Local Law 144, until April 15, 2023. The law requires companies operating in the City to audit automated employment decision tools for bias prior to use, and to post these audit reports publicly. The bill would also require that companies notify
A recent study found that some data brokers are selling highly sensitive data relating to consumers’ mental health conditions on the open market with minimal vetting of their customers and few controls on how these purchasers use the data. The study, conducted by a researcher at Duke University’s Technology Policy Lab, found that 11 out