Privacy & Data Security

In this update, we detail the key legislative updates in the second quarter of 2020 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and automated vehicles (“CAVs”). The volume of legislation on these topics has slowed but not ceased, as lawmakers increasingly focus on the pandemic and the upcoming national election. As Congress processes Appropriations bills, it continues to look to support and fund these technologies. We will continue to update you on meaningful developments between these quarterly updates across our blogs.
Continue Reading U.S. AI, IoT, and CAV Legislative Update – Second Quarter 2020

Senators Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.) and Marsha Blackburn (R-Tenn.) have introduced the Lawful Access to Encrypted Data Act, a bill that would require tech companies to assist law enforcement in executing search warrants that seek encrypted data.  The bill would apply to law enforcement efforts to obtain data at rest as well as data in motion.  It would also apply to both criminal and national security legal process.  This proposal comes in the wake of the Senate Judiciary Committee’s December 2019 hearing on encryption and lawful access to data.  According to its sponsors, the purpose of the bill is to “end[] the use of ‘warrant-proof’ encrypted technology . . . to conceal illicit behavior.”
Continue Reading Lawful Access to Encrypted Data Act Introduced

On June 2, 2020, the French Supervisory Authority (“CNIL”) published a paper on algorithmic discrimination prepared by the French independent administrative authority known as “Défenseur des droits”.  The paper is divided into two parts: the first part discusses how algorithms can lead to discriminatory outcomes, and the second part includes recommendations on how to identify and minimize algorithmic biases.  This paper follows from a 2017 paper published by the CNIL on “Ethical Issues of Algorithms and Artificial Intelligence”.
Continue Reading French CNIL Publishes Paper on Algorithmic Discrimination

The COVID-19 pandemic has created both speed bumps and accelerants for connected and automated vehicle (“CAV”) developments in the United States.  In our Quarterly Update earlier this month, we covered recent legislative and regulatory activity around CAVs, both specifically targeted efforts and those impacting AI and IoT technologies generally.  Although some CAV legislative efforts have been sidelined due to the government’s focus on COVID-19, the pandemic is incentivizing policymakers at the federal and state levels to support CAV-related initiatives.

Continue Reading IoT Update: COVID-19 Drives Forward Connected and Automated Vehicle Legislative and Regulatory Efforts

On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.”  The FTC alleged that these representations amounted to deceptive conduct under Section 5 of the FTC Act.  In its press release accompanying the settlement, the FTC provided guidance for IoT companies regarding the design and implementation of privacy and security measures for “smart” devices, as discussed further below in this post.

Continue Reading IoT Update: FTC Settles with Smart Lock Manufacturer and Provides Guidance for IoT Companies

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation publishes final report on “online targeting”

U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”).
Continue Reading U.S. AI and IoT Quarterly Legislative Update: Fourth Quarter 2019

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator.  The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
Continue Reading IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary.  At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November 27.

The proposed Regulation is intended as a replacement to the existing e-Privacy Directive, which sets out specific rules for traditional telecoms companies, in particular requiring that they keep communications data confidential and free from interference (e.g., preventing wiretapping).  It also sets out rules that apply regardless of whether a company provides telecoms services, including restrictions on unsolicited direct marketing and on accessing or storing information on users’ devices (e.g., through the use of cookies and other tracking technologies).

Continue Reading New E-Privacy Proposal on the Horizon?

On October 31, 2019, Elizabeth Denham, the UK’s Information Commissioner issued an Opinion and an accompanying blog urging police forces to slow down adoption of live facial recognition technology and take steps to justify its use.  The Commissioner calls on the UK government to introduce a statutory binding code of practice on the use of biometric technology such as live facial recognition technology.  The Commissioner also announced that the ICO is separately investigating the use of facial recognition by private sector organizations, and will be reporting on those findings in due course.

The Opinion follows the ICO’s investigation into the use of live facial recognition technology in trials conducted by the Metropolitan Police Service (MPS) and South Wales Police (SWP).  The ICO’s investigation was triggered by the recent UK High Court decision in R (Bridges) v The Chief Constable of South Wales (see our previous blog post here), where the court held that the use of facial recognition technology by the South Wales Police Force (“SWP”) was lawful.

The ICO had intervened in the case.  In the Opinion, the Commissioner notes that, in some areas, the High Court did not agree with the Commissioner’s submissions.  The Opinion states that the Commissioner respects and acknowledges the decision of the High Court, but does not consider that the decision should be seen as a blanket authorization to use live facial recognition in all circumstances.

Continue Reading AI/IoT Update: UK’s Information Commissioner issues opinion on use of live facial recognition technology by police forces