On April 13, 2023, the United States Department of Commerce National Telecommunication and Information Administration (“NTIA”) published a request for comment (“RFC”) seeking public input on Artificial Intelligence (“AI”) accountability. The RFC seeks to understand which measures—both self-regulatory and regulatory—have the capacity to ensure that AI systems are “legal, effective, ethical, safe, and otherwise trustworthy.” The RFC adopts a broad definition of “AI systems,” noting that they include all automated or algorithmic systems that generate predictions, recommendations, or decisions.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Alan Charles Raulhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngAlan Charles Raul2023-05-04 12:15:292023-09-06 15:25:11U.S. Department of Commerce Seeks Input on AI Policy, Calls Trustworthy AI an Important Federal Objective
On April 27, 2023, Washington Gov. Jay Inslee, a Democrat, signed into law the state’s My Health My Data Act (the Act), which will become effective on March 31, 2024 (June 30, 2024, for small businesses). Despite its name, this is a comprehensive privacy bill that will affect many entities, including those outside of the traditional “health” context. The rights and obligations may apply to individuals other than Washington residents, as the law defines consumers as including persons whose data is merely collected or otherwise processed in the state.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Colleen Theresa Brownhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngColleen Theresa Brown2023-05-03 16:08:212023-09-06 15:25:29Washington State Enacts My Health My Data Act, Broadly Regulating Health-Related Data With a Private Right of Action
Corporate use of ephemeral messaging applications (communications that disappear after a set time) has become increasingly common across the globe in recent years, with companies recognizing its value in decreasing data storage costs and providing employees a convenient method for communicating quickly with customers and clients. However, the prevalence of these messaging applications in the corporate context has caused regulators to grow concerned about how encrypted and ephemeral messaging might affect regulatory obligations related to data preservation, employee monitoring, and compliance.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Data Matters Contributorshttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngData Matters Contributors2023-05-01 15:27:582023-09-06 15:26:06Now You See Them, Now You Don’t: Regulatory Risks of Ephemeral Messages
On April 25, 2023, the UK government published the Digital Markets, Competition and Consumers Bill (the UK Bill). The Bill proposes wide-ranging reforms to UK competition and consumer law, including obligations for digital platforms designated with so-called “strategic market status” (SMS).
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Ken Dalyhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngKen Daly2023-04-27 09:29:062023-09-06 15:26:38New UK Digital Markets Regime: Key Differences With the EU Digital Markets Act
The committee of government and regulatory authorities responsible for open banking in the UK has set out its plans and timeframes for expanding and developing infrastructure, standards, and processes for the sector. Central among these are proposals to improve the performance of interfaces among relevant firms, mitigate financial crime risks, and ensure that end users receive sufficient information and are protected if something goes wrong. This Sidley Update summarises the proposals and key points for firms.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00John M. Casanovahttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngJohn M. Casanova2023-04-26 10:16:192023-09-06 15:26:59The Future of UK Open Banking: Joint Regulatory Oversight Committee Issues Recommendations
Employers in New York City may soon be subject to a new law, Local Law 144, that regulates employers’ use of automated employment decision tools (“AED tools” or “AEDT”) – software and other programs used to make decisions about who to hire, who to promote and other employment decisions. Local Law 144, the first of its kind law regulating these AED tools, was originally supposed to go into effect on January 1, 2023; however, because needed regulatory guidance had not been issued, the effective date was repeatedly pushed back and is now set for July 5, 2023. Final rules were released on April 6, 2023, so further delays are unlikely. We summarize below the key provisions of Local Law 144 and what employers need to know to prepare.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Wendy M. Lazersonhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngWendy M. Lazerson2023-04-24 09:30:592023-09-06 15:27:20Compliance Updates for Employer’s use of Automated Decisionmaking Tools: New York City Finalizes Rules on Automated Employment Decision Tools and Sets Enforcement Date for July 5, 2023, Upcoming California Regulations, and Federal Guidance
On 4 April 2023, John Edwards, the UK’s Information Commissioner, stated that the UK’s Information Commissioner’s Office (ICO) would be “going after providers of women’s health apps and auditing them, and getting them to change any practices that are non-compliant.” Speaking at the IAPP Global Privacy Summit in Washington DC, the Information Commissioner indicated that this proposed strategy forms part of the ICO’s new “agile” initiative, which will focus on “areas of vulnerability, targeting…intervention [where] that has the greatest impact”.
The National Association of Insurance Commissioners (NAIC) held its Spring 2023 National Meeting (Spring Meeting) March 21–25, 2023. This Sidley Update summarizes the highlights from this meeting in addition to interim meetings held in lieu of taking place during the Spring Meeting. Highlights include continued development of accounting principles and investment limitations related to certain types of bonds and structured securities, continued discussion of considerations related to private equity (PE) ownership of insurers, new initiatives to address innovation and technology in the insurance sector, and continued development of a new consumer privacy protections model law.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Andrew R. Hollandhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngAndrew R. Holland2023-04-19 09:14:532023-09-06 15:28:17Regulatory Update: National Association of Insurance Commissioners Spring 2023 National Meeting
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U.S. Department of Commerce Seeks Input on AI Policy, Calls Trustworthy AI an Important Federal Objective
On April 13, 2023, the United States Department of Commerce National Telecommunication and Information Administration (“NTIA”) published a request for comment (“RFC”) seeking public input on Artificial Intelligence (“AI”) accountability. The RFC seeks to understand which measures—both self-regulatory and regulatory—have the capacity to ensure that AI systems are “legal, effective, ethical, safe, and otherwise trustworthy.” The RFC adopts a broad definition of “AI systems,” noting that they include all automated or algorithmic systems that generate predictions, recommendations, or decisions.
(more…)
Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Lauren Kitces
Washington, D.C.
lkitces@sidley.com
Alexandra T. Mushka
Washington, D.C.
amushka@sidley.com
Rimsha Syeda
Washington, D.C.
rsyeda@sidley.com
Washington State Enacts My Health My Data Act, Broadly Regulating Health-Related Data With a Private Right of Action
On April 27, 2023, Washington Gov. Jay Inslee, a Democrat, signed into law the state’s My Health My Data Act (the Act), which will become effective on March 31, 2024 (June 30, 2024, for small businesses). Despite its name, this is a comprehensive privacy bill that will affect many entities, including those outside of the traditional “health” context. The rights and obligations may apply to individuals other than Washington residents, as the law defines consumers as including persons whose data is merely collected or otherwise processed in the state.
(more…)
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Sheri Porath Rockwell
Century City
sheri.rockwell@sidley.com
Lauren Kitces
Washington, D.C.
lkitces@sidley.com
Carly R. Owens
Now You See Them, Now You Don’t: Regulatory Risks of Ephemeral Messages
Corporate use of ephemeral messaging applications (communications that disappear after a set time) has become increasingly common across the globe in recent years, with companies recognizing its value in decreasing data storage costs and providing employees a convenient method for communicating quickly with customers and clients. However, the prevalence of these messaging applications in the corporate context has caused regulators to grow concerned about how encrypted and ephemeral messaging might affect regulatory obligations related to data preservation, employee monitoring, and compliance.
(more…)
Data Matters Contributors
sidleyprivacyblog@sidley.com
New UK Digital Markets Regime: Key Differences With the EU Digital Markets Act
On April 25, 2023, the UK government published the Digital Markets, Competition and Consumers Bill (the UK Bill). The Bill proposes wide-ranging reforms to UK competition and consumer law, including obligations for digital platforms designated with so-called “strategic market status” (SMS).
(more…)
Ken Daly
Brussels
kdaly@sidley.com
Patrick J. Harrison
London
pharrison@sidley.com
Monika Zdzieborska
London
mzdzieborska@sidley.com
Fiona Shajko
London
fshajko@sidley.com
Bethany Wise
London
bwise@sidley.com
The Future of UK Open Banking: Joint Regulatory Oversight Committee Issues Recommendations
The committee of government and regulatory authorities responsible for open banking in the UK has set out its plans and timeframes for expanding and developing infrastructure, standards, and processes for the sector. Central among these are proposals to improve the performance of interfaces among relevant firms, mitigate financial crime risks, and ensure that end users receive sufficient information and are protected if something goes wrong. This Sidley Update summarises the proposals and key points for firms.
(more…)
John M. Casanova
Max Charles Savoie
Tanaan Quek
London
tquek@sidley.com
Paida Manhambara
London
pmanhambara@sidley.com
Compliance Updates for Employer’s use of Automated Decisionmaking Tools: New York City Finalizes Rules on Automated Employment Decision Tools and Sets Enforcement Date for July 5, 2023, Upcoming California Regulations, and Federal Guidance
Employers in New York City may soon be subject to a new law, Local Law 144, that regulates employers’ use of automated employment decision tools (“AED tools” or “AEDT”) – software and other programs used to make decisions about who to hire, who to promote and other employment decisions. Local Law 144, the first of its kind law regulating these AED tools, was originally supposed to go into effect on January 1, 2023; however, because needed regulatory guidance had not been issued, the effective date was repeatedly pushed back and is now set for July 5, 2023. Final rules were released on April 6, 2023, so further delays are unlikely. We summarize below the key provisions of Local Law 144 and what employers need to know to prepare.
(more…)
Wendy M. Lazerson
Palo Alto, San Francisco
wlazerson@sidley.com
Sheri Porath Rockwell
Century City
sheri.rockwell@sidley.com
Sasha Hondagneu-Messner
New York
shondagneumessner@sidley.com
FemTech Has Been Warned: UK’s ICO Indicates Closer Scrutinization of FemTech Apps
On 4 April 2023, John Edwards, the UK’s Information Commissioner, stated that the UK’s Information Commissioner’s Office (ICO) would be “going after providers of women’s health apps and auditing them, and getting them to change any practices that are non-compliant.” Speaking at the IAPP Global Privacy Summit in Washington DC, the Information Commissioner indicated that this proposed strategy forms part of the ICO’s new “agile” initiative, which will focus on “areas of vulnerability, targeting…intervention [where] that has the greatest impact”.
(more…)
Francesca Blythe
London
fblythe@sidley.com
Zina Chatzidimitriadou
London
zchatzidimitriadou@sidley.com
Fjolla Lushta
London
flushta@sidley.com
Regulatory Update: National Association of Insurance Commissioners Spring 2023 National Meeting
(more…)
Andrew R. Holland
New York
aholland@sidley.com
Stephanie H. Dobecki
Chicago
sdobecki@sidley.com
Ellen M. Dunn
New York
edunn@sidley.com
Michael L. Rosenfield
Los Angeles
mrosenfield@sidley.com
Sara N. Africano
Chicago
safricano@sidley.com
Chris H. Burusco
Los Angeles
cburusco@sidley.com
Jacob A. Grossman
Chicago
jgrossman@sidley.com
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