New York State’s 2025 legislative session marked a notable moment in the evolution of artificial intelligence (AI) and privacy regulation. Governor Kathy Hochul signed the Responsible AI Safety and Education (RAISE) Act, creating one of the first state-level frameworks aimed specifically at the most advanced AI systems, while vetoing the proposed New York Health Information
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The Spotlight Shines Even Brighter: New York Attorney General Publishes Guidance On Businesses’ Use Of Website Tracking Technologies
Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a caveat, however: They can land your organization in hot water if not managed in careful compliance with fast-evolving law.
Recent history is rife with litigation…
3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them
Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI.
Many organizations have sought to leverage the benefits of AI in various ways. An organization, for instance, can use AI to screen resumes and identify…
New York AG Remains Active On The Data Security Enforcement Front
In yet another example of its focus on imposing greater data security accountability, the New York Attorney General (“NYAG”) recently announced a significant settlement with Marymount Manhattan College (“the College”). The settlement stems from a data breach to which the College was subject in 2021. Following an investigation, which, according to the NYAG, revealed inadequacies…
New York Legislature and Enforcement Agencies Remain Active on the Data Privacy and Security Fronts
At the start of 2023, the New York State legislature introduced several privacy-related bills. One of those bills, S365, appears to be gaining momentum. It was reported and committed to the Internet and Technology Committee on April 25, was amended on May 18, and was further amended and recommitted to the Finance Committee on…
NYSDFS Fines Lender and Mortgage Servicer $4.25M for Cybersecurity Failures Including Vendor Management
Yesterday, New York’s Department of Financial Services (“DFS”) announced another enforcement action under the state’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). According to the press release, OneMain Financial Group LLC (“OneMain”) will pay a $4.25 million penalty to New York State for alleged violations of Reg 500.
In the…
New York AG Releases Guide for Businesses on Effective Data Security
As noted in a prior post, New York’s Attorney General (“NYAG”) has made enforcement of the New York SHIELD Act an enforcement priority. The SHIELD Act requires organizations handling personal information related to New York residents to maintain reasonable safeguards to protect that information. Maintaining its focus on this area, the NYAG recently released…
New York State Bar Adds Cybersecurity, Privacy, and Data Protection as New CLE Category
On August 17, 2022, New York announced an amendment to the Continuing Legal Education (CLE) Program Rules, which adds a requirement for attorneys to complete at least one CLE credit hour in Cybersecurity, Privacy, and Data Protection as part of fulfilling their CLE requirements.
New York barred attorneys will be required to comply starting July …
$600,000 Reasons To Review Your SHIELD Act Compliance Program: NY Attorney General Announces Significant Settlement Stemming From Email Data Breach
On January 24, 2022, New York Attorney General Letitia James announced a $600,000 settlement agreement with EyeMed Vision Care, a vision benefits company, stemming from a 2020 data breach compromising the personal information of approximately 2.1 million individuals across the United States, including nearly 99,000 in New York State (the “Incident”).
This settlement was the…
Employee Monitoring: New York Establishes New Requirements for Employers
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their activities in the workplace. Civil Rights (CVR) Chapter 6, Article 5, Section 52-C*2 will take effect six months after enactment,…