Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels violated privacy laws. The judge concluded that the “issue of consent defeat[ed] all of Plaintiffs’ claims.” Lakes v. Ubisoft
California Consumer Privacy Act
Is Your Business Trapped? The Rise of “Trap and Trace” Litigation
By Kathryn Rattigan on
Posted in Data Privacy
Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively CCPA). What about a…
California AG Issues AI-Related Legal Guidelines for Developers and Healthcare Entities
By Kathryn Rattigan on
Posted in Artificial Intelligence
The California Attorney General published two legal advisories this week:
- Legal Advisory on the Application of Existing California Laws to Artificial Intelligence
- Legal Advisory on the Application of Existing California Law to Artificial Intelligence in Healthcare
These advisories seek to remind businesses of consumer rights under the California Consumer Privacy Act, as amended by the…
The CIO-CMO Collaboration: Powering Ethical AI and Customer Engagement
By Jim Merrifield on
Posted in Artificial Intelligence
The rapid advancement of artificial intelligence (AI) technologies is reshaping the corporate landscape, offering unparalleled opportunities to enhance customer experiences and streamline operations. At the intersection of this digital transformation lie two key executives—the Chief Information Officer (CIO) and the Chief Marketing Officer (CMO). This dynamic duo, when aligned, can drive ethical AI adoption, ensure…
Increased Privacy Enforcement Actions Anticipated Under Texas Privacy Law
By Kathryn Rattigan on
Posted in Data Privacy
While California was the first state to implement a comprehensive consumer privacy rights law and the first to bring an enforcement action for violations, Texas is quickly becoming the next privacy regulator to watch. The Texas Privacy and Data Security Act (TPDSA) became effective in July 2024, and the Texas Securing Children Online through Parental…
FCC Privacy and Data Protection Task Force Partners Up with the California Privacy Protection Agency
By Kathryn Rattigan on
Posted in Data Privacy
On Wednesday, the Federal Communication Commission’s (FCC) Privacy and Data Protection Task Force announced a Memorandum of Understanding (MOU) with the California Privacy Protection Agency (CPPA) to establish a federal-state partnership focused on privacy, data protection, and cybersecurity enforcement matters. This partnership will allow the FCC and the CPPA to share resources and align efforts…
CPPA’s Cooperation with International Data Protection Authorities
By Kathryn Rattigan on
Posted in Data Privacy
Across Europe and other countries, there are numerous data protection authorities with differing goals and enforcement powers. Until 2020, when the California Privacy Rights Act (which amended the California Consumer Privacy Act) (collectively the CCPA) went into effect, did the U.S. government or any states have any similar data protection authorities like Europe; then came…
Effective October 1st: Montana’s New Consumer Data Protections Law
By Kathryn Rattigan on
Posted in Data Privacy
On Tuesday this week, Montana’s new consumer protections law took effect, joining many other states with similar consumer privacy rights legislation.
The Montana Consumer Data Privacy Act (MCDPA) provides residents with the right to access or obtain copies of their data collected by online companies, the right to request deletion of personal information maintained by…
California on the Forefront of Tackling AI Risks to Consumers
By Linn Foster Freedman on
Posted in Artificial Intelligence
The State of California, under the leadership of Governor Gavin Newsom, has taken the lead of its sister states in mobilizing resources to investigate the risks of the use of generative artificial intelligence (GenAI) tools and develop policies addressing them.
Following in the steps of Colorado, this week, the Governor signed into law an amendment…
Colorado’s First of its Kind Consumer Protections for Artificial Intelligence
By Kathryn Rattigan & Linn Foster Freedman on
Posted in Artificial Intelligence
On May 17, 2024, Colorado Governor Jared Polis signed, “with reservations,” Senate Bill 42-205, “Concerning Consumer Protections in Interactions with Artificial Intelligence Systems” (the Act). The first of its kind in the United States, the Act takes effect on February 1, 2026, and requires artificial intelligence (AI) developers, and businesses that use high-risk AI systems…