The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to evaluate job candidates or employees when making employment decisions, unless certain bias audit and notice requirements are met. Enforcement of
Ten Takeaways From the 2023 IAPP Global Privacy Summit
International, federal, and state privacy regulators highlighted their ambitious agendas at the 2023 IAPP Global Privacy Summit in Washington, D.C. They, along with speakers from an array of private organizations, underscored the following takeaways that should be top of mind for businesses:…
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How AI and Automated Systems Use Can Lead to Discrimination in Hiring
Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity Commission (EEOC) are warning companies that uncritical reliance on AI can have legal consequences, including potentially building in bias that can lead to claims…
What is the US-UK Data Access Agreement and Why Does it Matter?
This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). The agreement, which entered into force on October 3, 2022, is designed to facilitate cross-border criminal…
Data Privacy Day Surprise Enforcement for Loyalty Programs
On Friday, January 28, the world celebrated its 16th Data Protection/Privacy Day. As the privacy community capped off a week of programming and gazed into the future of potential data privacy enforcement , the celebrations were quickly overshadowed by California Attorney General Rob Bonta, who announced that his office was targeting businesses operating loyalty programs for potential enforcement actions. According to Bonta, his office issued “notices to business[es] that operate loyalty programs and use personal information in violation of California’s data privacy law.”  Accordingly, it is expected that a plethora of businesses may soon receive notices of noncompliance. Once a business receives a notice of noncompliance, that business will have 30 days to cure or fix the alleged violation before an enforcement action is initiated. Enforcement actions may result in penalties of up to $7,500 per violation, which can quickly accrue to significant amounts.
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Recent Developments at the California Attorney General’s Office Concerning the CCPA and Enforcement
There have been several notable developments this month at the California Attorney General’s office relating to the CCPA. First, California Attorney General (AG) Rob Bonta held a press conference and issued a press release regarding CCPA enforcement in the past year. AG Bonta signaled that under his leadership, as under prior California Attorneys General, such as now Vice President Kamala Harris and United States Department of Health and Human Services Secretary Xavier Becerra, the AG’s office will continue its focus on privacy. AG Bonta emphasized the importance of the CCPA at a time when so much of our lives has moved online due to the COVID-19 pandemic and that “there’s more work to be done.” He reported “great progress” in CCPA enforcement, noting that 75% of businesses that received a notice of violation came into compliance within the CCPA’s 30-day cure period, while the remaining 25% are within the cure period or currently under active investigation.
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