Discerning Data Editorial Board, Author at Discerning Data

NAIC Privacy Protections Working Group Meets to Discuss New Model Privacy Law

On June 5-6, 2023, the NAIC Privacy Protections (H) Working Group (“PPWG”) held an in-person interim meeting (“session”) to continue its work on drafting a new model privacy law, the Insurance Consumer Privacy Protection Model Law #674 (“Model Law”). Model Law #674 is intended to replace the current Models #670 and #672. The session was intended to be a drafting session focused on certain provisions of the current exposure draft not yet covered during the three preceding PPWG open drafting calls.

During the session, the working group covered third-party service providers, definitions of “insurance transactions” and “additional permitted transactions,” marketing (and joint-marketing agreements), consent to marketing (opt-in versus opt-out), and consumer privacy notices. The PPWG announced it intends to release a new exposure draft (version 1.0) of the Model Law by the end of June to address many of the comments the working group has received and discussed to date. There will be no 60-day comment period for this draft and instead, open calls to discuss drafting will restart once the new exposure draft is released.

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Artificial Intelligence Briefing: NIST Releases AI Risk Management Framework and Playbook

Our latest briefing dives into the public launch of the NIST’s long-awaited AI Risk Management Framework, the EEOC’s new plan to tackle AI-based discrimination in recruitment and hiring, and the New York Department of Financial Services’ endeavor to better understand the potential benefits and risks of AI and machine learning in the life insurance industry.

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State AG Updates: Arizona, Texas, California, North Carolina, Washington, New York and an AG Coalition

In this edition of Faegre Drinker’s State Attorneys General Update, we discuss:

Arizona AG Enters $85 Million Settlement With Google for Alleged Improper Use of Consumer Location Data

Google agreed to an $85 million settlement for alleged violations of Arizona’s Consumer Fraud Act. Specifically, the Arizona AG alleged that Google violated the Act by building “coercive design tactics used to manipulate users’ behavior,” known as “dark patterns,” into its Android phone software. In this instance, the AG alleged that Google created misleading settings, so even if a consumer turned off location tracking in the “Location History” menu, location data would still be tracked and used to sell advertisements through other settings — specifically, the “Web & App Activity” menu.

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Artificial Intelligence Briefing: FTC Holds Forum on Commercial Surveillance and Data Security

Our latest briefing explores the recent FTC commercial surveillance and data security forum (including discussion on widespread use of AI and algorithms in advertising), California’s inquiry into potentially discriminatory health care algorithms, and the recent California Department of Insurance workshop that could shape future rulemaking regarding the industry’s use of artificial intelligence, machine learning and algorithms.

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NIST Releases New Draft of Artificial Intelligence Risk Management Framework for Comment

The National Institute of Standards and Technology (NIST) has released the second draft of its Artificial Intelligence (AI) Risk Management Framework (RMF) for comment. Comments are due by September 29, 2022.

NIST, part of the U.S. Department of Commerce, helps individuals and businesses of all sizes better understand, manage and reduce their respective “risk footprint.” Although the NIST AI RMF is a voluntary framework, it has the potential to impact legislation. NIST frameworks have previously served as basis for state and federal regulations, like the 2017 New York State Department of Financial Services Cybersecurity Regulation (23 NYCRR 500).

The AI RMF was designed and is intended for voluntary use to address potential risks in “the design, development, use and evaluation of AI products, services and systems.” NIST envisions the AI RMF to be a “living document” that will be updated regularly as technology and approaches to AI reliability to evolve and change over time.

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FTC Signals Intention to Move Forward to Adopt New Privacy Rules in the Absence of Federal Legislation

The Federal Trade Commission (FTC), on a split party vote on August 11, approved an Advanced Notice of Proposed Rulemaking (the Notice) that focuses on potential new rules and requirements that could apply to entities engaged in targeted advertising or other forms of personal information gathering and sharing. Once this Notice is published in the Federal Register, the public will have 60 days to comment on the merits of the proposed new rules. There is also a public forum on the Notice slated to take place on September 8. The FTC’s action comes on the heels of legislative attempts to codify federal privacy protections that have yet to come to fruition.

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DISCERNING DATA

A Faegre Drinker Blog Covering the Latest in Privacy, Cybersecurity and Data Strategy

Author: Discerning Data Editorial Board