A Mid-Year Privacy Check-In – Important Developments and New Compliance Obligations for Privacy Laws
During the first half of 2025, state legislators and regulators have been working overtime to enact new data privacy laws and expand existing laws, all of which are likely to have an impact on businesses in the remainder of the year and into 2026. These efforts reflect key themes such as increased regulation of teen data and social media platforms, enhanced restrictions on the collection and sale of geolocation and biometric data, simplified opt-out mechanisms for tracking technologies, and broader obligations concerning consumer health data and data minimization. In parallel, significant regulatory activity surrounding AI has emerged, including a new federal AI Action Plan and proposed amendments to the CCPA addressing automated decision-making technologies, alongside a wave of new state AI laws.
Biometric Litigation Risks Endure Even Post BIPA Amendment
Enacted in 2008, the Illinois Biometric Information Privacy Act (“BIPA”) regulates the collection and possession of biometric data by private entities operating in Illinois. Biometric data includes, for example, fingerprints, voiceprints, eye scans, and face/hand scans. Notably, BIPA establishes a private right of action, allowing any person to seek damages, attorneys’ fees, and injunctive relief if the person has been aggrieved by a BIPA violation. The statutory damages for BIPA violations are steep, including $1,000 to $5,000 per violation, attorneys’ fees and costs, and the possibility of injunctive relief.
Latest Developments on AI in the EU: the Saga Continues
EU AI Act
Up until recently, political agreement on the final text of the EU Artificial Intelligence Regulation (AI Act) was expected on 6 December 2023. However, latest developments indicated roadblocks in the negotiations due to three key discussion points – please see our previous blog post here. EU officials are reported to be meeting twice this week to discuss a compromise mandate on EU governments’ position on the text, in preparation of the political meeting on 6 December. (more…)
EU Moving Closer to an AI Act?
On 24 October 2023, the European Parliament and Member States concluded a fourth round of trilogue discussions on the draft Artificial Intelligence Regulation (AI Act). Policymakers agreed on provisions to classify high-risk AI systems and also developed general guidance for the use of “enhanced” foundation models. However, the negotiations did not lead to substantial progress on provisions for prohibitions in relation to the use of AI by law enforcement. The next round of trilogue discussions will take place on 6 December 2023.