Privacy & Information Security Law Blog

On May 11, 2022, the French Data Protection Authority (the “CNIL”) published its Annual Activity Report for 2021 (the “Report”). The Report provides an overview of the CNIL’s enforcement activities in 2021. The report notably shows a significant increase in the CNIL’s activity.

Organizations increasingly use artificial intelligence- (“AI”) driven solutions in their day-to-day business operations. Generally, these AI-driven solutions require the processing of significant amounts of personal data for the AI model’s own training, which often is not the purpose for which the personal data originally was collected. There is a clear tension between such further use of vast amounts of personal data and some of the key data protection principles outlined in EU privacy regulations. On the occasion of Data Privacy Day 2022, Hunton privacy attorneys ...

Last month, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the UK Department for Digital, Culture, Media & Sport (“DCMS”) on its Consultation on Reforms to the Data Protection Regime (the “Response”). The Response also reflects views gathered from CIPL members during two industry roundtables organized in collaboration with DCMS to obtain feedback on the reform proposals. Key takeaways from the Response include the following:

On November 10, 2021, the New York City Council passed a bill prohibiting employers and employment agencies from using automated employment decision tools to screen candidates or employees, unless a bias audit has been conducted prior to deploying the tool (the “Bill”).

On November 18, 2021, the European Data Protection Board (“EDPB”) released a statement on the Digital Services Package and Data Strategy (the “Statement”). The Digital Services Package and Data Strategy is a package composed of several legislative proposals, including the Digital Services Act (“DSA”), the Digital Markets Act (“DMA”), the Data Governance Act (“DGA”), the Regulation on a European approach for Artificial Intelligence (“AIR”) and the upcoming Data Act (expected to be presented shortly). The proposals aim to facilitate the further use and sharing of personal data between more public and private parties; support the use of specific technologies, such as Big Data and artificial intelligence (“AI”); and regulate online platforms and gatekeepers.

On November 2, 2021, Facebook parent Meta Platforms Inc. announced in a blog post that it will shut down its “Face Recognition” system in coming weeks as part of a company-wide move to limit the use of facial recognition in its products. The company cited the need to “weigh the positive use cases for facial recognition against growing societal concerns, especially as regulators have yet to provide clear rules.”

On October 7, 2021, Federal Trade Commission Chair Lina Khan appointed Olivier Sylvain as a senior advisor on rulemaking and emerging technology. As announced by Fordham University School of Law, where Sylvain serves as a professor of communications, information and administrative law, Sylvain is an expert in the Communications Decency Act and also has focused his work on artificial intelligence and community-owned networked computing.

On September 14, 2021, the Federal Trade Commission authorized new compulsory process resolutions in eight key enforcement areas: (1) Acts or Practices Affecting United States Armed Forces Members and Veterans; (2) Acts or Practices Affecting Children; (3) Bias in Algorithms and Biometrics; (4) Deceptive and Manipulative Conduct on the Internet; (5) Repair Restrictions; (6) Abuse of Intellectual Property; (7) Common Directors and Officers and Common Ownership; and (8) Monopolization Offenses.

On September 10, 2021, the UK Government Department for Digital, Culture, Media & Sport (“DCMS”) launched a consultation on its proposed reforms to the UK data protection regime. The consultation reflects DCMS’s effort to deliver on Mission 2 of the National Data Strategy, which is “to secure a pro-growth and trusted data regime in the UK.” Organizations are encouraged to provide input on a range of data protection proposals, some of which are outlined below. The consultation will close on November 19, 2021, and the Centre for Information Policy Leadership (“CIPL”) will consult with members to prepare a formal response to the consultation.

The Centre for Information Policy Leadership (“CIPL”), a global privacy and security think tank founded in 2001 by leading companies and Hunton Andrews Kurth LLP, is celebrating 20 years of working with industry leaders, regulatory authorities and policymakers to develop global solutions and best practices for privacy and responsible data use.

On July 29, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s Consultation on the Draft Artificial Intelligence Act (the “Act”). Feedback received as part of this consultation will feed into discussions with the European Parliament and the European Council as the proposal makes its way through the EU legislative process.

On June 16, 2021, the UK Government’s Taskforce on Innovation, Growth and Regulatory Reform published an independent report containing recommendations to the Prime Minister on how the UK can reshape its approach to regulation in the wake of Brexit (the “Report”). Among wide-ranging proposals across a range of areas, the Report recommends replacing the UK General Data Protection Regulation (“UK GDPR”) with a new UK Framework of Citizen Data Rights. The proposed approach would aim to give individuals greater control over their personal data while also allowing increased data flows and driving growth in the digital economy. The Report will be considered by the Government’s Better Regulation Committee.

Building upon its April 2020 business guidance on Artificial Intelligence and algorithms, on April 19, 2021, the FTC published new guidance focused on how businesses can promote truth, fairness and equity in their use of AI.

On April 21, 2021, the European Commission (the “Commission”) published its Proposal for a Regulation on a European approach for Artificial Intelligence (the “Artificial Intelligence Act”). The Proposal follows a public consultation on the Commission’s white paper on AI published in February 2020. The Commission simultaneously proposed a new Machinery Regulation, designed to ensure the safe integration of AI systems into machinery.

On March 25, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth organized an expert roundtable on the EU Approach to Regulating AI–How Can Experimentation Help Bridge Innovation and Regulation? (the “Roundtable”). The Roundtable was hosted by Dragoș Tudorache, Member of Parliament and Chair of the Artificial Intelligence in the Digital Age (“AIDA”) Committee of the European Parliament.  The Roundtable gathered industry representatives and data protection authorities (“DPAs”) as well Axel Voss, Rapporteur of the AIDA Committee.

On March 22, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published its paper on delivering a risk-based approach to regulating artificial intelligence (the “Paper”), with the intention of informing current EU discussions on the development of rules to regulate AI.

On February 23, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth hosted a webinar on China’s Data Privacy Landscape and Upcoming Legislation.

On January 11, 2021, the FTC announced that Everalbum, Inc. (“Everalbum”), developer of the “Ever” photo storage app, agreed to a settlement over allegations that the company deceived consumers about its use of facial recognition technology and its retention of the uploaded photos and videos of users who deactivated their accounts.

On December 2, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the UK Department for Digital, Culture, Media and Sport’s (“DCMS”) UK National Data Strategy  (“NDS”) consultation.

On December 3, 2020, Hunton Andrews Kurth will host a webinar on Machine Learning Hot Topics: Negotiating Global Data Protection and IP Terms. Join our Hunton speakers, Brittany Bacon, Tyler Maddry and Anna Pateraki, as they discuss key data protection and intellectual property considerations when drafting and negotiating global agreements involving machine learning (“ML”) services and engaging in new ML practices.

The increasing development and use of AI technology is raising several compliance questions, particularly in the context of the EU General Data Protection Regulation (“GDPR”). The European Commission has already begun working on future AI legislation. Join us on October 14, 2020, for a webinar on Artificial Intelligence: Key Considerations for GDPR Compliance Today and Tomorrow.

On August 18, 2020, the U.S. National Institute of Standards and Technology (“NIST”) published a draft report, Four Principles of Explainable Artificial Intelligence (Draft NISTIR 8312 or the “Draft Report”), which sets forth four proposed principles regarding the “explainability” of decisions made by Artificial Intelligence (“AI”) systems.

On June 11, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response (the “Response”) to the European Commission’s consultation regarding its white paper on “a European Approach to Excellence and Trust” on artificial intelligence (the “White Paper”).

On April 28, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Commission’s consultation on its roadmap for the two-year evaluation of the EU General Data Protection Regulation (“GDPR”) (the “Response”).

On March 12, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Office of the Privacy Commissioner of Canada (“OPC”) in response to its proposals for ensuring appropriate regulation of artificial intelligence (“AI”).

On March 12, 2020, the Washington State Legislature passed SB 6280, which establishes safeguards for the use of facial recognition technology by state and local government agencies. Its stated goal is to allow the use of facial recognition services in ways that benefit society, but prohibit uses that put freedoms and civil liberties at risk.

On March 10, 2020, the Vermont Attorney General filed a lawsuit against Clearview AI (“Clearview”), alleging that Clearview violated Vermont’s consumer protection law and data broker law. We previously reported on Vermont’s data broker law, which was the first data broker legislation in the U.S.

Hunton’s Centre for Information Policy Leadership (“CIPL”) reports on the top privacy-related priorities for this year:

1.  Global Convergence and Interoperability between Privacy Regimes

Around the world, new privacy laws are coming into force and outdated laws continue to be updated: the EU General Data Protection Regulation (“GDPR”), Brazil’s Lei Geral de Proteção de Dados Pessoais (“LGPD”), Thailand’s Personal Data Protection Act, India’s and Indonesia’s proposed bills, California’s Consumer Privacy Act (“CCPA”), and the various efforts in the rest of the United States at the federal and state levels. This proliferation of privacy laws is bound to continue.

On March 12, 2020, the Centre for Information Policy Leadership (“CIPL”), in collaboration with Hunton Andrews Kurth LLP, published its legal note, “Artificial Intelligence and Data Protection: How the GDPR Regulates AI.”

On February 27, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published the second report in its project on Artificial Intelligence (“AI”) and Data Protection: Delivering Sustainable AI Accountability in Practice.

On February 19, 2020, the Information Commissioner's Office (“ICO”) launched a consultation on its draft AI auditing framework guidance for organizations (“Guidance”). The Guidance is open for consultation until April 1, 2020 and responses can be submitted via the ICO’s online survey.

On February 19, 2020, the European Commission (“the Commission”) published a White Paper entitled “a European Approach to Excellence and Trust” on artificial intelligence (“AI”). This followed an announcement in November 2019, from the Commission’s current President, Ursula von der Leyen, that she intended to propose rules to regulate AI within the first 100 days of her Presidency, which commenced on December 1, 2019. This White Paper was published alongside the Commission’s data and digital strategies for Europe.

On February 19, 2020, the European Commission (the “Commission”) released a suite of documents including its White Paper on Artificial Intelligence (“AI”), entitled “a European approach to excellence and trust.” In addition, the Commission published two communications—its European strategy for data and a Digital Strategy document entitled “Shaping Europe’s Digital Future.”

On January 30, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Department of Telecommunications at the Brazilian Ministry of Science, Technology, Innovations and Communications (“MCTIC”) on its public consultation on creating a national Artificial Intelligence (“AI”) strategy for Brazil (the “Consultation”).

The U.S. Chamber’s Technology Engagement Center (“C_TEC”) and Center for Global Regulatory Cooperation (“GRC”) recently released a set of ten principles essential for attaining the full potential of AI technologies.

The principles, drafted with input from more than 50 Chamber member companies, stress the importance of creating a sensible and innovation-forward approach to addressing the challenges and opportunities presented by AI.

On July 29, 2019, the UK Information Commissioner’s Office (“ICO”) announced the 10 projects that it has selected, out of 64 applicants, to participate in its sandbox. The sandbox, for which applications opened in April 2019, is designed to support organizations in developing innovative products and services with a clear public benefit. The ICO aims to assist the 10 organizations in ensuring that the risks associated with the projects’ use of personal data is mitigated. The selected participants cover a number of sectors, including travel, health, crime, housing and artificial intelligence.

On July 4, 2019, the European Commission published a factsheet on artificial intelligence (“AI”) for Europe (the “Factsheet”). In the Factsheet, the European Commission underlines the importance of AI and its role in improving people’s lives and bringing major benefits to the society and economy. In addition, the Factsheet also describes the EU’s role in AI and the financial investments the Commission is planning to make in AI. The factsheet also includes some examples of projects conducted by the Commission in AI (including in agriculture, data and eHealth, public administration and services, and transport and manufacturing).

The Illinois legislature recently passed the Artificial Intelligence Video Interview Act, which prohibits an Illinois employer from using artificial intelligence (“AI”) to evaluate job interview videos unless the employer complies with certain requirements.

During the week of April 1, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP hosted its annual executive retreat in Washington, D.C. (the “Retreat”). During the Retreat, CIPL held a full-day working session on evolving technologies and a new U.S. privacy framework followed by a closed members only half-day roundtable on global privacy trends with special guest Helen Dixon, Data Protection Commissioner of Ireland.

On April 8, 2019, the European Commission High-Level Expert Group (the “HLEG”) on Artificial Intelligence released the final version of its Ethics Guidelines for Trustworthy AI (the “Guidelines”). The Guidelines’ release follows a public consultation process in which the HLEG received over 500 comments on its initial draft version. The Centre for Information Policy Leadership at Hunton Andrews Kurth LLP contributed its own comments during this process.

On February 12, 2019, the European Data Protection Board (the “EDPB”) released its work program for 2019 and 2020 (the “Work Program”). Following the EDPB’s endorsement of the Article 29 Working Party guidelines and continued guidance relating to new EU General Data Protection Regulation (“GDPR”) concepts, the EDPB plans to shift its focus to more specialized areas and technologies.

On January 25, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted formal comments to the International Conference of Data Protection and Privacy Commissioners (the “International Conference”) on its Declaration on Ethics and Data Protection in Artificial Intelligence (the “Declaration”). The Declaration was adopted by the International Conference on October 23, 2018, for public consultation.

On January 16, 2019, Hunton Andrews Kurth hosted a breakfast seminar in London, entitled “GDPR: Post Implementation Review.” Bridget Treacy, Aaron Simpson and James Henderson from Hunton Andrews Kurth and Bojana Bellamy from the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth discussed some of the challenges and successes companies encountered in implementing the EU General Data Protection Regulation (the “GDPR”), and also identified key data protection challenges that lie ahead. The Hunton team was joined by Neil Paterson, Group Data Protection Coordinator of TUI Group; Miles Briggs, Data Protection Officer of TUI UK & Ireland; and Vivienne Artz, Chief Privacy Officer at Refinitiv, who provided an in-house perspective on the GDPR.

The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP recently published the first report in its project on Artificial Intelligence (“AI”) and Data Protection: Delivering Sustainable AI Accountability in Practice.