Federal Trade Commission

U.S. Senator Maria Cantwell (D-WA) and U.S. Representative Cathy McMorris Rodgers (R-WA) have made a breakthrough by agreeing on a bipartisan data privacy legislation proposal. The legislation aims to address concerns related to consumer data collection by technology companies and empower individuals to have control over their personal information.

The proposed legislation aims to restrict

*This post was co-authored by Josh Yoo, legal intern at Robinson+Cole. Josh is not admitted to practice law.

Health care entities maintain compliance programs in order to comply with the myriad, changing laws and regulations that apply to the health care industry. Although laws and regulations specific to the use of artificial intelligence (AI) are limited at this time and in the early stages of development, current law and pending legislation offer a forecast of standards that may become applicable to AI. Health care entities may want to begin to monitor the evolving guidance applicable to AI and start to integrate AI standards into their compliance programs in order to manage and minimize this emerging area of legal risk.

Executive Branch: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

Following Executive Order 13960 and the Blueprint for an AI Bill of Rights, Executive Order No. 14110 (EO) amplifies the current key principles and directives that will guide federal agency oversight of AI. While still largely aspirational, these principles have already begun to reshape regulatory obligations for health care entities. For example, the Department of Health and Human Services (HHS) has established an AI Task Force to regulate AI in accordance with the EO’s principles by 2025. Health care entities would be well-served to monitor federal priorities and begin to formally integrate AI standards into their corporate compliance plans.

  • Transparency: The principle of transparency refers to an AI user’s ability to understand the technology’s uses, processes, and risks. Health care entities will likely be expected to understand how their AI tools collect, process, and predict data. The EO envisions labelling requirements that will flag AI-generated content for consumers as well.
  • Governance: Governance applies to an organization’s control over deployed AI tools. Internal mechanical controls, such as evaluations, policies, and institutions, may ensure continuous control throughout the AI’s life cycle. The EO also emphasizes the importance of human oversight. Responsibility for AI implementation, review, and maintenance can be clearly identified and assigned to appropriate employees and specialists.
  • Non-Discrimination: AI must also abide by standards that protect against unlawful discrimination. For example, the HHS AI Task force will be responsible for ensuring that health care entities continuously monitor and mitigate algorithmic processes that could contribute to discriminatory outcomes. It will be important to permit internal and external stakeholders to have access to equitable participation in the development and use of AI.

National Institute of Standards and Technology: Risk Management Framework

The National Institute of Standards and Technology (NIST) published a Risk Management Framework for AI (RMF) in 2023. Similar to the EO, the RMF outlines broad goals (i.e., Govern, Map, Measure, and Manage) to help organizations address and manage the risks of AI tools and systems. A supplementary NIST “Playbook”  provides actionable recommendations that implement EO principles to assist organizations to proactively mitigate legal risk under future laws and regulations. For example, a health care organization may uphold AI governance and non-discrimination by deploying a diverse, AI-trained compliance team.Continue Reading Forecasting the Integration of AI into Health Care Compliance Programs

The Federal Trade Commission (FTC) keeps track of scams that are reported to it and summarizes those scams in a report outlining the most successful scams of the prior year.

Last year’s statistics are disturbing, as many of the same techniques from previous years are still being used successfully by threat actors. Old scams are

In a matter of weeks, the Federal Trade Commission (FTC) has settled another case against a company it alleges tracks consumers and sells their “precise location data” to third parties. This continues the FTC’s aggressive approach toward location-based consumer data.

According to the FTC’s complaint, Texas-based InMarket offered two apps to consumers: shopping rewards app

On January 9, 2024, the Federal Trade Commission (FTC) announced its settlement with X-Mode Social and its successor Outlogic that will prohibit them “from sharing or selling any sensitive location data that could be used to track people’s visits to sensitive locations such as medical and reproductive health clinics, places of religious worship and domestic

On Monday, December 18, 2023, the Federal Trade Commission (FTC) released its report on takeaways gleaned from a public event it held in October with creative professionals, including artists and authors. The 43-page report, entitled, “Generative Artificial Intelligence and the Creative Economy Staff Report: Perspectives and Takeaways,” provides an insider view of the FTC’s interest

We previously wrote about how toys, baby monitors, and other smart devices collect, use, and disclose personal information about children, and risks to children’s privacy. As adults responsible for the safety of children in our care, learning about how smart devices collect, use, and disclose personal information of children should be a top priority, just

Google’s Workspace for Education will require school admins to independently approve all integrated third-party applications students use. Users under 18 cannot use their Google accounts to access third-party applications without consent configured in user settings. Access will terminate automatically on October 1, 2023. Google Workspace for Education’s Terms of Service does not cover third-party applications