- Automated Decision-Making
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.
Automated Decision Making Changes Coming to California’s FEHA Regulations
The California Civil Rights Council published its most recent version proposed revisions to Fair Employment and Housing Act (FEHA) regulations that include automated decision-making and extended the comment period to 30 days. You can read more about the proposed revisions here from Jackson Lewis Attorneys Sayaka Karitani and Robert Yang.
California Passes Legislation Protecting Performers’ Digital Rights
Governor Newsom recently signed two significant bills focused on protecting digital likeness rights: Assembly Bill (AB)1836 and Assembly Bill (AB) 2602. These legislative measures aim to address the complex issues surrounding the commercial use of an individual’s digital rights and establish guidelines for responsible AI use in the digital age.
California AB 1836 addresses…
California Seeks to Have Consistent Definition of Artificial Intelligence
Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California. However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A regulatory framework that leads to inconsistent results likely will lead to other problems. Acknowledging this, the most recent California legislature included a bevy of bills…
Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation
Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018.
Here, the OCR reached an agreement with a medium-size private healthcare provider following a ransomware attack relating to potential violations of the HIPAA Security Rule.
Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers
If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the country’s largest medical imaging provider, I-MED Radiology Network, illustrates concerns about the use of medical data to…
California Establishes AI Transparency Act
According to the California legislature, audio recordings, video recordings, and still images can be compelling evidence of the truth. However, the proliferation of Artificial Intelligence (AI), specifically, generative AI, has made it drastically easier to create fake content that is almost impossible to distinguish from authentic content. To address this concern, California’s Governor signed Senate…
Amendment to CCPA Would Require Consumer OptOut Elections to be Preserved Following M&A Transactions
Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action resulting in a $400,000 settlement following a data breach that affected personal information obtained during a transaction.
California aims to bolster its California…
Exploring AI Risks Reported in SEC Filings Can Be Helpful For Many Organizations, Including SMBs
One of our recent posts discussed the uptick in AI risks reported in SEC filings, as analyzed by Arize AI. There, we highlighted the importance of strong governance for mitigating some of these risks, but we didn’t address the specific risks identified in those SEC filings. We discuss them briefly here as they are risks…
DOL Expands Fiduciary Obligations for Cybersecurity to Health and Welfare Plans
A little more than three years ago, the U.S. Department of Labor (DOL) posted cybersecurity guidance on its website for ERISA plan fiduciaries. That guidance extended only to ERISA-covered retirement plans, despite health and welfare plans facing similar risks to participant data.
Last Friday, the DOL’s Employee Benefits Security Administration (EBSA) issued Compliance Assistance Release…