On April 24, the Governor of Kansas signed into law Kansas Senate Bill 44, which enacts the Financial Institutions Information Security Act (the “Act”). The Act requires credit services organizations, mortgage companies, supervised lenders, money transmitters, trust companies, and technology-enabled fiduciary financial institutions to comply with the requirements of the GLBA’s Safeguards Rule, as
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Senator Bennet Proposes Federal Commission to Regulate Artificial Intelligence
Following recent Senate testimony in which OpenAI CEO Sam Altman proposed additional Congressional oversight for the development of artificial intelligence (AI), Colorado Senator Michael Bennet has re-introduced the Digital Platform Commission Act, a bill that would enable the creation of a federal agency to oversee the use of AI by digital platforms. The proposed
Banned: Montana Residents Face Countdown to the Last Days of TikTok
On May 17, 2023, Montana Governor Greg Gianforte signed into law a bill banning the use of the popular app, TikTok, by the general public within the state. Absent court intervention, the ban takes effect on January 1, 2024. While users of the popular app, which is owned by Chinese company ByteDance, can breathe a
FTC Challenge to Data Broker Precise Geolocation Sale Dismissed with Leave to Amend
In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that Kochava’s sale of precise consumer geolocation data constituted an unfair act or practice in violation of Section 5 of
House Subcommittee Reconsiders the ADPPA after Iowa, Indiana, Montana, and Tennessee Move to Enact Privacy Laws
United States Capitol Building
As we have previously posted, it has been an active year on the state privacy law front. Indeed, the number of states with privacy laws is about to nearly double in a matter of months, with Iowa, Indiana, Montana, and Tennessee have already passed or are about to pass comprehensive
Washington State Poised to Pass Consumer Health Privacy Law
The State of Washington appears close to enacting a new law that regulates the privacy of consumer health information. If passed, the new law – the My Health My Data Act (MHMDA) –the new rules generally take effect March 31, 2024 and apply to non-governmental entities that collect, process, share, or sell health information that
FinCEN Analyzes BEC Trends in the Real Estate Sector
On March 30, 3023, the Financial Crimes Enforcement Network (FinCEN) issued a Financial Trend Analysis focusing on business email compromise (BEC) trends and patterns in the real estate sector (referred to as “RE BEC”). The report is required under Section 6206 of the Anti-Money Laundering Act of 2020 (AMLA). This section of AMLA requires FinCEN
Iowa Officially Becomes the 6th State with an Enacted Consumer Data Privacy Rights Law
On March 29th, Iowa Governor Kim Reynolds signed Senate Bill 262 into law, making Iowa only the 6th U.S. state to enact a Consumer Data Privacy Rights Law. The new law, which was previously covered in greater detail here, will go into effect on January 1, 2025.
Webinar Recording – Artificial Intelligence: An Overview of the U.S. and EU Regulatory Landscape
The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S. and EU governing the development and use of AI. In this webinar, Ballard Spahr privacy & data security lawyers Phil
Utah Poised to Pass Law Restricting Teen Access to Social Media
Utah Governor Spencer Cox is expected to signed SB 152, which was passed by both the House and Senate as of March 13, 2023. With this bill, Utah would join California in passing legislation designed to protect children from online harms. However, unlike the California Age-Appropriate Design Code, the Utah law will provide
The Iowa Senate and House Pass a Consumer Data Privacy Rights Bill
On March 15, 2023, the Iowa House passed Senate Bill 262 on a 97-0 vote. The Bill had previously passed the Iowa Senate on March 6, 2023. If ultimately signed by Iowa Governor Kim Reynolds, Iowa would join California, Colorado, Connecticut, Utah, and Virginia as the sixth U.S. state with a comprehensive consumer data privacy
Managing Legal Issues From the Use of ChatGPT and Generative AI
The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new, next-generation OpenAI large language model. While these tools have demonstrated that generative AI has tremendous operational and business potential,
Colorado Finalizes CPA Regulations
On March 15, the Colorado Attorney General’s Office finalized the Colorado Privacy Act regulations. The finalized regulations track the draft rules. The rules will go into effect July 1, 2023.
The UK Publishes Bill to Update UK GDPR
On March 8, 2023, the U.K. Secretary of State for Science for Innovation and Technology announced the publication of the Data Protection and Digital Information (No.2) Bill. This new version of the Data Protection and Digital Information bill will effectively supersede the prior draft, which was first published in July of 2022.
The
Illinois Supreme Court: BIPA Damages Accrue with Each Collection
In a landmark decision that will have widespread effects, the Illinois Supreme Court ruled that a claim accrues each time—rather than just the first time—that data is collected in violation of the Biometric Information Privacy Act (BIPA). Because BIPA provides statutory damages for each violation, this ruling exponentially increases potential damages, especially in the employment
Webinar Recording – 2023 Preview for Privacy and Data Security
2022 proved to be an historic year for privacy and data security, and 2023 is likely to follow suit. With privacy compliance deadlines looming under three state laws, a surge in data privacy litigation, new federal cyber-regulations, new state laws governing children’s data and new EU legislation regulating digital services – privacy lawyers will be