To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.

  1. AI regulations to protect data privacy.

Automated decision-making tools, smart cameras, wearables, and similar applications, powered by technology commonly referred to as “artificial intelligence” or “AI” will continue to expand in 2024 as will the regulations to protect individuals’ privacy and secure data when deploying those technologies. Last year, we saw a comprehensive Executive Order from the Biden Administration, the New York City AI law take effect, and states like Connecticut passed laws regarding the state use of AI. Already in 2024, several states have introduced proposed AI regulation, such as  New York developing an AI Bill of Rights.

The use of “generative AI” also exploded, as several industries sought to leverage its benefits while trying to manage risks. In healthcare, for example, AI and HIPAA do not always mix when it comes to maintaining the confidentiality of protected health information. Additionally, generative AI is not only used for good, as criminal threat actors have enhanced their phishing attacks against the healthcare industry.

  1. The continued expansion of the patchwork of state privacy laws.

In 2023, seven states added comprehensive consumer privacy laws. And several other states enacted more limited privacy laws dealing with social media or health-related data. It looks like 2024 will continue the expansion. Already in 2024, New Jersey has passed its own consumer privacy law, which takes effect in 2025. And New Hampshire is not far behind in potentially passing a statute.

  1. Children’s data protections will expand.

In 2023, several states passed or considered data protection legislation for minors with growing concerns that the Children’s Online Privacy Protection Act (COPPA) was not sufficient to protect children’s data. Connecticut added additional protections for minors’ data in 2023.

In 2024, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking pertaining to COPPA, in addition to several states proposing legislation to protect children’s online privacy.

  1. Cybersecurity audits will become even more of a necessity to protect data.

As privacy protection legislation increases, businesses must start working to protect the data they are collecting and maintaining. The importance of conducting cybersecurity audits to ensure that policies and procedures are in place.

In 2023, there California Privacy Protection Agency considered regulations pertaining to cybersecurity audits. The SEC and FTC expanded obligations for reporting security breaches, making audits, incident response planning, and tabletop exercises to avoid such incidents all the more important.

It is anticipated there will be further regulations and legislation forcing companies to consider their cybersecurity in order to protect individuals’ privacy.

  1. Genetic and health data protection will continue to rise.

In 2023, Nevada and Washington passed health data privacy laws to protect data collected that was not subject to HIPAA. Montana passed a genetic information privacy law. Already this year Nebraska is advancing its own genetic information privacy law. It is likely concerns about health and genetic data will grow along with other privacy concerns and so too will the legislation and regulations. We also have seen a significant uptick in class action litigation in Illinois under the state’s Genetic Information Privacy Act (GIPA). A close relative to the state’s Biometric Information Privacy Act (BIPA), GIPA carried nearly identical remedy provisions, except the amounts of statutory damages are higher than under BIPA.

  1. Continued enforcement actions for data security.

As legislation and regulations grow so too will enforcement actions. Many of the state statutes and city regulations only allow for governmental enforcement, however, those entities are going to start enforcing requirements to ensure there is an incentive for businesses to comply. In 2023, we saw the New York Attorney General continue its active enforcement of data security requirements.

  1. HIPAA compliance will continue to be difficult as it overlaps with cybersecurity.

In 2023, the Office of Civil Rights (OCR) which enforces HIPAA, discussed issues with driving cybersecurity and HIPAA compliance as well as other compliance concerns.  In 2024, entities required to comply with HIPAA will be challenged to determine how to use new and useful technologies and data sharing while maintaining privacy, while also protecting HIPAA-covered information as cybersecurity threats continue to flourish.

  1. Website tracking technologies will continue to be in the hot seat.

In 2023, both the FTC and the Health and Human Services (HHS) took issue with website tracking technologies such as through “pixels”. By the time that guidance was issued, litigation concerning these technologies pertaining to data privacy and data sharing concerns had already been expanding. To help clients identify and address these risks Jackson Lewis and SecondSight joined forces to offer organizations a website compliance assessment tool that has been well received.

In 2024, it is anticipated that there will be further website-tracking litigation as well as enforcement actions from governmental agencies that see the technology as infringing on consumers’ privacy rights.

  1. Expect biometric information to increasingly be leveraged to address privacy and security concerns.

As we move toward a “passwordless” society,  technologies using biometric identifiers and information continue to be the “go-to” method for authentication. However, also increasing are the regulations on the collection and use of biometric information. While the Illinois Biometric Information Privacy Act (BIPA) is most prolific in its protection of biometric information, many of the new comprehensive privacy laws include protections for biometric information. See our biometric law map for developments.  

  1. Privacy class actions will continue to increase.

Whether it is BIPA, GIPA, CIPA, TCPA, DPPA, pixel litigation, or data breach class actions, 2024 will likely see an increase in privacy-related class actions. As such, it becomes more important than ever for businesses to understand and ensure the protection of the data they collect and control.

For these reasons and others, we believe data privacy will continue to be at the forefront of many industries in 2024, and Jackson Lewis will continue to track relevant developments. Happy Privacy Day!

Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA,, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.