Generative AI (GenAI) has been at the top of the headlines lately, transforming fields as varied as journalism, marketing, and gaming, boosting productivity and profitability, and performing functions previously limited to humans. Recent projections suggest that the global GenAI market will increase to over $100 billion annually by 2030. A previous Wilson Sonsini alert on GenAI covered a wide range of issues, such as breach of contract, confidentiality, copyright, ethics, European Union laws and regulations, licensing, securities laws, trade secrets, and reputational considerations. Another previous alert addressed legal requirements for mitigating bias in AI systems more generally. This alert drills down on U.S. privacy and consumer protection considerations associated specifically with GenAI.Continue Reading Generative AI: Privacy and Consumer Protection Considerations
Privacy
FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices
On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The…
Continue Reading FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy PracticesFTC Announces Proposed Amendments to the Health Breach Notification Rule
On May 18, 2023, the Federal Trade Commission (FTC) announced a number of proposed amendments to the Health Breach Notification Rule (the Rule), the latest in a series of actions taken by the agency to…
Continue Reading FTC Announces Proposed Amendments to the Health Breach Notification RuleFTC Adopts New Policy Statement Warning About Misuses of Biometric Information
On May 18, 2023, the Federal Trade Commission (FTC) unanimously voted during its open meeting to adopt a new policy statement on biometric information and Section 5 of the FTC Act. In the statement, the…
Continue Reading FTC Adopts New Policy Statement Warning About Misuses of Biometric InformationU.S. State Privacy Law Update: New Comprehensive Laws Coming in Indiana, Montana, Tennessee, and Florida
In the absence of meaningful progress from the U.S. Congress on passing a federal comprehensive privacy law, state legislatures have been busy this year passing their own solutions and adding to the complexity of U.S.
Continue Reading U.S. State Privacy Law Update: New Comprehensive Laws Coming in Indiana, Montana, Tennessee, and FloridaHHS Proposes Purpose Limitation on Disclosures of PHI Related to Reproductive Health
On April 12, 2023, the Biden administration announced a notice of proposed rulemaking (NPRM) from the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), the agency responsible for enforcing the Health…
Continue Reading HHS Proposes Purpose Limitation on Disclosures of PHI Related to Reproductive Health