Opinion on ‘Consent or Pay’ Models under the GDPR

The European Data Protection Board (EDPB) has issued a comprehensive opinion addressing the challenges of “consent or pay” models used by large online platforms. The opinion explains that valid consent is often unattainable when users are only given a binary choice between consenting to data processing for behavioral advertising or paying a fee to access the service. According to the ...

U.S. Congress Pushes for a New Federal Privacy Law

The Chairs of the U.S. Senate’s Commerce Committee and U.S. House of Representatives Energy Committee introduced the American Privacy Rights Act, a proposal for a unified federal data privacy bill that establishes privacy protections for Americans, supersedes state laws, and includes enforcement measures with individual rights to sue.

The proposed law seeks to establish various measures, including –

  • Replacement of ...

Illinois Advances Amendments to Its Biometric Information Privacy Act

The Illinois State Senate has approved the first significant amendment to the Biometric Information Privacy Act (BIPA) since its enactment in 2008. The amendment, now making its way through the Illinois House of Representatives, addresses concerns raised by businesses, and follows the Illinois Supreme Court’s call for action to resolve a statutory miscalculation that led to multiple multi-million-dollar settlements involving ...

U.K. and U.S. Partner to Enhance AI Safety

On April 1st, the United States and the United Kingdom signed a memorandum of understanding to collaborate on developing tests for advanced artificial intelligence models. The memorandum is effective immediately and aligns with commitments made during the AI Safety Summit at Bletchley Park in the U.K. in November 2023. Each of the two countries established an AI Safety Institute, and ...

CJEU Justifies Storage of Fingerprints within ID Cards

The Court of Justice of the European Union (CJEU) has held that the European Union’s regulation of identity cards, which requires that the cards store the cardholder’s two fingerprints, is constitutional under fundamental rights to respect for private life and to protection of personal data.

The decision was delivered on a case involving a German citizen who petitioned the courts ...

Germany Issues Guidance on the Opportunities and Risks of Generative AI Models

The German Federal Office for Information Security (BSI) recently published a guide titled “Generative AI Models – Opportunities and Risks for Industry and Authorities”. The guide provides an in-depth overview of the opportunities and risks associated with large language models (LLMs), a specialized subset of generative artificial intelligence (AI). LLMs extend beyond simple text processing to fields such as computer ...

Israeli Guidelines on Secure Use of Open-Source

The Israeli Privacy Protection Authority (“PPA“) issued guidelines for managing cybersecurity risks arising from open-source software (“OSS“), emphasizing compliance with the Protection of Privacy Law, and the Protection of Privacy Regulations (Data Security). The guidelines explain that using OSS can carry risks, including privacy risks, especially when the code is not properly maintained. OSS may contain ...

AI Regulatory Developments in the EU, US, and at the UN

The European Union (EU) has enacted its most comprehensive legislation to regulate artificial intelligence (AI), known as the AI Act. This very extensive law, spanning over two hundred pages, applies to AI technology providers and users across both private and public sectors. Notably, the AI Act also has extraterritorial applications, affecting companies and organizations outside the EU. The bulk of ...