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Julia Jacobson

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Connecticut Attorney General William Tong recently issued an advisory memorandum (“Advisory”) to all “State Officials, Agencies and Concerned Parties” about how existing Connecticut laws apply to artificial intelligence (“AI”).

In the Advisory, Attorney General Tong hints at enforcement priorities and offers businesses a roadmap for compliance in describing how Connecticut’s civil rights, privacy and data security, competition, and consumer protection laws apply to AI system use.  Businesses operating in Connecticut are reminded that, even without a statewide AI law, obligations under these laws regulate their AI system use.  Those Connecticut residents who read the Advisory are reminded of their rights and encouraged to report AI related harms to the Connecticut Office of the Attorney General (“OAG”).

Continue Reading Old Laws, New Tricks: Connecticut AG Issues Advisory on How Current Connecticut Laws Apply to Artificial Intelligence

On March 20, 2026, Oklahoma Governor Stitt signed the first new comprehensive state privacy law of 2026. The “Act relating to data privacy” is in force on January 1, 2027. In this post, we compare the new Oklahoma privacy law to the other 20 state consumer privacy laws already in force below.

Continue Reading Oklahoma’s New Privacy Law Sweeps In

On October 6, 2025, the “Preventing Access to U.S. Sensitive Personal Data and Government Related Data by Countries or Concern or Covered Persons” Rule released by the U.S. Department of Justice (DOJ) (DOJ Rule) will be fully in force. Is your organization ready?

During the first half of 2025, numerous clients reached out to find out if they are in scope for the DOJ Rule. Therefore, we developed, refined and applied a step-by-step process for assessing whether and when the DOJ Rule applies. As we applied this process, we learned that many clients operating only in the U.S. were surprised to learn that the DOJ Rule applies to their operations. U.S. clients operating internationally were less surprised, and many had started compliance efforts and/or were planning steps to modify their business operations to minimize or eliminate prohibited transactions.  Clearly, businesses operating in both “countries of concern” and in the U.S. face the biggest compliance uplift and have been the most active.

Continue Reading Countdown to October 6th: Fewer than 60 days until the DOJ’s Bulk Sensitive Data and Government Related Data Rule is fully in force

Many organizations have been working diligently to comply with the 13 state consumer privacy laws (CPLs) in effect in the first half of 2025 (14 if you count Florida). Some have chosen to comply on a state-by-state basis and others have followed the high-watermark approach of applying the strictest standard from among the CPLs to all states with CPLs or on a nationwide basis. Regardless of the chosen approach, the next six months brings a new batch of CPLs, some with material differences from the earlier generations, starting as early as July 1, 2025. In addition, amendments to CPLs already in effect will bring new obligations and requirements for many businesses during the second half of 2025. Accordingly, if these changes were not prospectively addressed, now is the time to confirm which of new CPLs are applicable, and timely revise privacy notices and compliance program procedures. Also, with the increase in CPL enforcement, and the growing size and frequency of civil penalties, now is also a good time for an overall privacy compliance checkup. 

(A list of the 20 CPLs and their effective dates and applicability thresholds is included in an appendix at the end.)

Continue Reading The Second Half of the Year Brings New State Privacy Obligations – Are You Ready?

(Updated May 12, 2025)

Since January, the federal government has moved away from comprehensive legislation on artificial intelligence (AI) and adopted a more muted approach to federal privacy legislation (as compared to 2024’s tabled federal legislation). Meanwhile, state legislatures forge ahead – albeit more cautiously than in preceding years.

As we previously reported, the Colorado AI Act (COAIA) will go into effect on February 1, 2026. In signing the COAIA into law last year, Colorado Governor Jared Polis (D) issued a letter urging Congress to develop a “cohesive” national approach to AI regulation preempting the growing patchwork of state laws. Absent a federal AI law, Governor Polis encouraged the Colorado General Assembly to amend the COAIA to address his concerns that the COAIA’s complex regulatory regime may drive technology innovators away from Colorado. Eight months later, the Trump Administration announced its deregulatory approach to AI regulation making federal AI legislation unlikely. At that time, the Trump Administration seemed to consider existing laws – such as Title VI and Title VII of the Civil Rights Act and the Americans with Disabilities Act which prohibit unlawful discrimination – as sufficient to protect against AI harms. Three months later, a March 28 Memorandum issued by the federal Office of Management and Budget directs federal agencies to implement risk management programs designed for “managing risks from the use of AI, especially for safety-impacting and rights impacting AI.”

Continue Reading States Shifting Focus on AI and Automated Decision-Making

After what seems like forever, the most recent (and last?) public comment period for the draft California Consumer Privacy Act (CCPA) regulations finally closed on February 19, 2025. (Read Privacy World coverage here and here.) 

Following an initial public comment period on an earlier draft, the formal comment period for the current version of the proposed CPPA regulations (Proposed Regulations) began on November 22, 2024. The Proposed Regulations include amendments to the existing CCPA regulations and new regulations on automated decision-making technology, profiling, cybersecurity audits, requirements for insurance companies and data practice risk assessments. The California Privacy Protection Agency (CPPA) may either submit a final rulemaking package to the California Office of Administrative Law (OAL, which confirms statutory authority) or modify the Proposed Regulations in response to comments received during the public comment period.

Continue Reading Light at the End of the Tunnel – Are You Ready for the New California Privacy and Cybersecurity Rules?

Since the Trump 2.0 administration commenced, the U.S. federal government has experienced some major policy shifts. Several Biden-Harris administration era regulations are now eliminated or on a 60-day hold while under review. States and other organizations have filed lawsuits to stay implementation of certain Trump 2.0 initiatives (i.e., the funding freezes, deferred resignation offer, and birthright citizenship, among others).

Continue Reading A New Era: Trump 2.0 Highlights for Privacy and AI

On January 23, 2025, President Trump issued a new Executive Order (EO) titled “Removing Barriers to American Leadership in Artificial Intelligence” (Trump EO). This EO replaces President Biden’s Executive Order 14110 of October 30, 2023, titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (Biden EO), which was rescinded on January 20, 2025, by Executive Order 14148.

The Trump EO signals a significant shift away from the Biden administration’s emphasis on oversight, risk mitigation and equity toward a framework centered on deregulation and the promotion of AI innovation as a means of maintaining US global dominance.

Continue Reading Key Insights on President Trump’s New AI Executive Order and Policy & Regulatory Implications

Summary

On December 27, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) published its Notice of Proposed Rulemaking (“NPRM”) titled HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Protected Health Information. HHS seeks comments on proposed modifications to the Security Standards for the Protection of Electronic Protected Health Information comprising 45 C.F.R. Parts 160 and 164, Subpart C, commonly known as the “Security Rule”, to address modern breach and cybersecurity risks to electronic protected health information (“ePHI”)[1] and common deficiencies observed by HHS in Security Rule compliance investigations, and to incorporate current industry best practices[2] and court decisions affecting enforcement of the Security Rule[3].[4] As summarized below, the proposed modifications signal HHS’s commitment to aligning the Security Rule requirements with current cybersecurity standards and addressing areas of non-compliance with more prescriptive measures to enhance ePHI security in the face of evolving cyber threats and technological advancements. HHS invites interested parties to submit comments by March 7, 2025.

Continue Reading HHS Publishes Notice of Proposed Rulemaking to Amend HIPAA Security Rule Requirements – Comments Due March 7, 2025