On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely to have significant influence on the rapid development of AI regulation in other jurisdictions including in the United
Joseph J. Lazzarotti
Joseph J. Lazzarotti is a principal in the Tampa, Florida, 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.
AI Notetakers – Evaluating the Risks Along with the Benefits
The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe, and organize the content discussed at meetings (virtual or otherwise), enabling participants to more meaningfully participate in the meeting/discussion. They can…
New Hampshire Passes Comprehensive Consumer Data Privacy Law
On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in 2024 to pass a privacy law, following New Jersey. The law shall take effect…
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
…fuel the creation and refinement…
Nebraska Passes Genetic Information Privacy Act
On February 13, 2024, Nebraska’s Governor signed Legislative Bill 308, which enacts additional consumer protections for consumers in the state. It is similar to another genetic information law passed by Montana last year.
The law takes effect July 17, 2024 (90 days after the legislature adjourns on April 18, 2024).
Covered Businesses
The…
California Court of Appeal Reverses Halt on Enforcement of CPPA Regulations
In 2023, a California superior court halted enforcement of any final California Privacy Protection Agency regulation implemented until a period of 12 months from the date that individual regulations became final. Based on the ruling, enforcement of the initial regulations passed in March 2023 could not commence until March 2024.
The California Privacy Protection Agency…
Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification
For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require…
Top 10 for 2024 – Happy Data Privacy Day!
To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.
- 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…
New Jersey Legislature Enacts the First Consumer Privacy Law of 2024
On January 16, 2024, New Jersey’s Governor signed Senate Bill (SB) 332, which establishes a consumer data privacy law for the state. New Jersey becomes the 13th state to pass a comprehensive data consumer privacy law. The law would take effect one year after its enactment, on January 15, 2025.
To whom…
AI, Phishing Attacks, Healthcare, and a $480,000 OCR Settlement under HIPAA
Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language processing and large language models, now fuels more ferocious phishing campaigns. The effects are being felt in many industries, perhaps most notably the healthcare…