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Yes, Lawyers Too! ABA Formal Opinion 483 and the Affirmative Duty to Inform Clients of Data Breaches
By Jennifer Thompson | Developments in the rules and regulations governing data breaches happen as quickly as you can click through the headlines on your favorite news media site. Now, the American Bar Association (“ABA”) has gotten in on the action and is mandating that attorneys notify current clients of real or substantially likely data breaches where confidential client information is or may be compromised.read more
By Linda Henry | The French Data Protection Authority (“CNIL”) recently became the first data protection authority to provide guidance as to how the European Union’s General Data Protection Regulation (“GDPR”) applies to blockchain.read more
By Linda Henry | On September 21, 2018, the FTC and D-Link Systems Inc. each filed a motion for summary judgement in one of the most closely watched recent enforcement actions in privacy and data security law (FTC v. D-Link Systems Inc., No. 3:17-cv-00039). The dispute, which dates back to early 2017, may have widespread implications on companies’ potential liability for lax security practices, even in the absence of actual consumer harm.read more
By Dawn Ingley | With the explosion of artificial intelligence (AI) implementations, several technology organizations have established AI ethics teams to ensure that their respective and myriad uses across platforms are reasonable, fair and non-discriminatory. Yet, to date, very few details have emerged regarding those teams—Who are the members? What standards are applied to creation and implementation of AI? Axon, the manufacturer behind community policing products and services such as body cameras and related video analytics, has embarked upon creation of an ethics board. Google’s DeepMind Ethics and Society division (DeepMind) also seeks to temper the innovative potential of AI with the dangers of a technology that is not inherently “value-neutral” and that could lead to outcomes ranging from good to bad to downright ugly. Indeed, a peak behind both ethics programs may offer some interesting insights into the direction of all corporate AI ethics programs.read more
By Jennifer Thompson | Recent Federal Trade Commission (FTC) activities with respect to the Children’s Online Privacy Protection Act (COPPA) demonstrate a continued interest in, and increased scrutiny of, companies subject to COPPA. While the FTC has pursued companies for alleged violations of all facets of its COPPA Six Step Compliance Plan, most recently the FTC has focused on the obligation to promptly and securely delete all data collected if it is no longer needed. Taken as a whole, recent FTC activity may indicate a desire on the part of the FTC to expand its regulatory reach.read more
By Linda Henry | Although algorithms are often presumed to be objective and unbiased, recent investigations into algorithms used in the criminal justice system to predict recidivism have produced compelling evidence that such algorithms may be racially biased. As a result of one such investigation by ProPublica, the New York City Council recently passed the first bill in the country designed to address algorithmic discrimination in government agencies. The goal of New York City’s algorithmic accountability bill is to monitor algorithms used by municipal agencies and provide recommendations as to how to make the City’s algorithms fairer and more transparent.read more