Privacy & Data Security

Subscribe to Privacy & Data Security

On 29 March 2023, the UK Information Commissioner’s Office (“ICO”) published updated Guidance on AI and data protection (the “Guidance”) following “requests from UK industry to clarify requirements for fairness in AI”. AI has been a strategic priority for the ICO for several years. In 2020, the ICO published its first set of guidance on AI (as discussed in our blog post here) which it complemented with supplementary recommendations on Explaining Decisions Made with AI and an AI and Data Protection risk toolkit in 2022. The updated Guidance forms part of the UK’s wider efforts to adopt a “pro-innovation” approach to AI regulation which will require existing regulators to take responsibility for promoting and overseeing responsible AI within their sectors (for further information on the UK Government’s approach to AI regulation, see our blog post here).

The updated Guidance covers the ICO’s view of best practice for data protection-compliant AI, as well as how the ICO interprets data protection law in the context of AI systems that process personal data. The Guidance has been restructured in line with the UK GDPR’s data protection principles, and features new content, including guidance on fairness, transparency, lawfulness and accountability when using AI systems.…

Continue Reading UK ICO Updates Guidance on Artificial Intelligence and Data Protection

On 29 March 2023, the UK Government published a White Paper entitled “A pro-innovation approach to AI regulation” (“White Paper”). The White Paper elaborates on the approach to AI set out by the Government in its 2022 AI Governance and Regulation Policy Statement (“Policy Statement” – covered in our blog post here). This announcement comes following the Government’s commitments, in the Spring Budget 2023, to build an expert taskforce to develop the UK’s capabilities in AI foundation models and produce guidance on the relationship between intellectual property law and generative AI (for more details of these initiatives, see here).

In its White Paper, the UK Government confirms that, unlike the EU, it does not plan to adopt new legislation to regulate AI, nor will it create a new regulator for AI (for further details on the EU’s proposed AI regulation see our blog posts here and here). Instead, the UK would require existing regulators, including the UK Information Commissioner’s Office (“ICO”), to take responsibility for the establishment, promotion, and oversight of responsible AI in their respective sectors. Regulators’ activities would be reinforced by the establishment of new support and oversight functions within central Government. This approach is already beginning to play out in certain regulated areas in the UK. For example, in October 2022, the Bank of England and Financial Conduct Authority (“FCA”) jointly released a Discussion Paper on Artificial Intelligence and Machine Learning considering how AI in financial services should be regulated and, in March 2023, the ICO updated its Guidance on AI and Data Protection.  …

Continue Reading UK Government Adopts a “Pro-Innovation” Approach to AI Regulation

This quarterly update summarizes key legislative and regulatory developments in the first quarter of 2023 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.…

Continue Reading U.S. AI, IoT, CAV, and Privacy & Cybersecurity Legislative & Regulatory Update – First Quarter 2023

This year has been off to a busy start with respect to children’s and minors’ privacy legislation efforts. We wanted to take a moment to recap the latest developments across the board.

The most notable trend of the year thus far has been the widespread introduction of Age Appropriate Design Codes. Ten states have thus…

On March 26, 2023, Virginia enacted a genetic privacy law (SB 1087) aimed at regulating the practices of direct-to-consumer (“DTC”) genetic testing companies.  Virginia is not the only state interested in regulating these companies—numerous other states, including Minnesota, Texas, Tennessee, and Vermont, have introduced similar bills during this legislative session, following the enactment of similar genetic privacy laws in Arizona, California, and Utah in recent years.  Virginia’s SB 1087, effective July 1, 2023, adds to the growing net of state genetic privacy protections.…

Continue Reading Virginia Enacts Direct-to-Consumer Genetic Privacy Law as Numerous Other States Introduce Similar Bills

On March 15th, the Iowa legislature passed S.F. 262 (the “ICDPA”), making it the sixth U.S. state to pass a comprehensive state privacy statute.  The Iowa statute most closely resembles the Utah Consumer Privacy Act (“UCPA”), though it also shares some similarities with the approaches adopted in Virginia, Colorado, and Connecticut.  The statute will next go to the governor’s desk for signature.  If signed into law, the ICDPA would take effect on January 1, 2025.…

Continue Reading Iowa Passes Comprehensive Privacy Statute

As permitted by the GDPR, France has enacted some specific requirements for the processing of health data, in particular in the context of medical research.  Following a report, the French supervisory authority (“CNIL”) audited two organizations carrying out medical research in early 2022 to check their compliance with these requirements.  On March 13, 2023, the…

On March 7, 2023, the Irish Data Protection Commission (“DPC”) published its annual report for 2022. The report reflects the DPC’s reputation as both an active enforcer of the General Data Protection Regulation (“GDPR”) and a contributor to policy development at national and EU levels.  The level of interaction between the DPC and the European Data Protection Board (“EDPB”) is particularly significant with more than 300 meetings reported for 2022 (averaging at more than 25 per month), many of which involved participation in the EDPB’s expert subgroups.…

Continue Reading Key Takeaways from the Irish DPC’s 2022 Annual Report

On March 7, 2023, during the annual National People’s Congress (“NPC”) sessions, China’s State Council revealed its plan to establish a National Data Bureau (NDB) as part of a broader reorganization of government agencies. The plan is being deliberated by the NPC and is expected to be finalized soon. …

Continue Reading China Reveals Plan to Establish a National Data Bureau

On February 24, 2023, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Standard Contract for the Cross-border Transfer of Personal Information (“Measures”) (only available in Chinese here), including a template contract (“Standard Contract”) accompanying the Measures.  The Measures will take effect on June 1, 2023, but are subject to a 6-month grace period to allow companies time to bring their activities into compliance.

The finalization of the Measures marks another important step forward in the establishment of China’s cross-border data transfer framework.  With implementing rules for all three lawful transfer mechanisms now in place, China appears to be entering into a new phase where cross-border transfer activities will be more closely regulated and enforcement actions are more likely to arise for non-compliance. …

Continue Reading China Finalizes Standard Contract for Cross-Border Transfers of Personal Information