As Data Privacy Day 2026 approaches, organizations face an inflection point in privacy, artificial intelligence, and cybersecurity compliance. The pace of technological adoption, in particular AI tools, continues to outstrip legal, governance, and risk frameworks. At the same time, regulators, plaintiffs, and businesses are increasingly focused on how data is collected, used, monitored, and safeguarded.
Consumer Privacy
Florida’s Digital Wiretapping Surge: What Businesses Need to Know About FSCA Litigation
A blend of evolving judicial interpretation, aggressive plaintiffs’ counsel, and decades-old statutory language has brought new life to the Florida Security of Communications Act (FSCA) as a vehicle for challenging commonplace website technologies.
At its core, the FSCA was enactedto protect privacy by prohibiting the unauthorized interception of wire, oral, or electronic communications — with…
The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 2 – Two-Party Consent and AI Note-Taking
As we explored in Part 1 of this series, AI-enabled smart glasses are rapidly evolving from niche wearables into powerful tools with broad workplace appeal — but their innovative capabilities bring equally significant legal and privacy concerns. Modern smart glasses blend high-resolution cameras, always-on microphones, and real-time AI assistants into a hands-free wearable that can…
The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 1 – Biometrics
Smart glasses with AI capabilities have evolved from futuristic concept to everyday reality. The market exploded in 2024, with global smart glasses shipments surging 210% year-over-year, driven primarily by Meta’s Ray-Ban smart glasses. From the consumer-focused Meta Ray-Ban Display (featuring a built-in heads-up display announced in September 2025) to Meta’s partnership with Oakley for…
The CCPA and Automated Decision-Making Technologies (ADMT)
As artificial intelligence (AI), particularly generative AI, becomes increasingly woven into our professional and personal lives—from personalized travel itineraries to reviewing resumes to summarizing investigation notes and reports—questions about who or what controls our data and how it’s used are ever present. AI systems survive and thrive on information and that intersection of AI and…
Understanding the CCPA’s New Risk Assessment Requirements – Part 2
As we discussed in Part 1 of this post, the California Privacy Protection Agency (CPPA) has approved significant updates to California Consumer Privacy Act (CCPA) regulations, which were formally approved by the California Office of Administrative Law on September 23, 2025. We began to outline the requirements for a significant new obligation under the…
Understanding the CCPA’s New Risk Assessment Requirements – Part 1
The California Privacy Protection Agency (CPPA) has adopted significant updates to the California Consumer Privacy Act (CCPA) regulations, which were formally approved by the California Office of Administrative Law on September 23, 2025. These comprehensive regulations address automated decision-making technology, cybersecurity audits, and risk assessments, with compliance deadlines beginning in 2026. Among these updates, the…
AI Notetaking Tools Under Fire: Lessons from the Otter.ai Class Action Complaint
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and compliance risks. A recent putative class action lawsuit filed in federal court in California against Otter.ai, a leading provider of AI…
CCPA Enforcement Action Highlights CPPA Focus on Opt-Out Rights, Website Functionality, and Reliance on Service Providers
On May 1, 2025, the California Privacy Protection Agency (CPPA) issued a Final Order in one of its first public enforcement actions under the California Consumer Privacy Act (CCPA), imposing a fine of nearly $350,000 on the business.
An important take away from the Final Order: simply posting a privacy policy is not enough. Businesses…
CCPA Compliance Reminder: Annual Update Requirement for Online Privacy Policies
For businesses subject to the California Consumer Privacy Act (CCPA), a compliance step often overlooked is the requirement to annually update the businesses online privacy policy. Under Cal. Civ. Code § 1798.130(a)(5), CCPA-covered businesses must among other things update their online privacy policies at least once every 12 months. Note that CCPA regulations establish…