Most modern U.S. state data privacy laws exempt from their definition of personal information “publicly available information.” What constitutes publicly available information differs between state privacy laws and may not correlate to the lay definition understood by many businesses and individuals. For example, while some businesses may consider information that is available on the internet

Most modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information (PI) used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the notable exception of the California Consumer Privacy Act (CCPA) and

The term “targeted advertising” is defined relatively consistently between and among modern U.S. data privacy statutes with the notable exception of California which deviates somewhat in the California Privacy Rights Act’s (CPRA) definition of the similar term “cross-context behavioral advertising” by omitting any reference to tracking a person over time or making predictions about a

Probably not.

Under the European GDPR, if the personal information that an organization is going to use as part of training an AI has been collected directly from individuals, then those individuals should be provided with a copy of the organization’s privacy notice “at the time when personal data are obtained.”[1] If the personal

Attorneys familiar with the European GDPR are acquainted with the bifurcation of the world into controllers and processors. For purposes of European data privacy, a “controller” refers to a company that either jointly or alone “determines the purposes and means” of how personal data will be processed.[1] A “processor” refers to a company (or

In September 2021, Quebec’s Parliament passed Law 25 (formerly Bill 64), which significantly overhauled the Act Respecting the Protection of Personal Information in the Private Sector. Law 25 imposes several new obligations on enterprises who do business in Quebec, which obligations have periodically gone into effect since the enactment of Law 25.

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The term “data minimization” generally refers to two requirements within the GDPR: (1) a company should only collect and process personal data that is “necessary” in relation to its purpose, and (2) a company should keep data for “no longer than is necessary for [that] purpose[].”[1] Put differently, a company should only collect what

Data is typically added to an AI to explain a problem, situation, or request (“input data”). Some popular AI models refer to input data by the term “prompt” as the user is prompting the AI to initiate an action, or to create additional information. Prompts can take different forms such as text prompts or image

Data is typically added to an AI to explain a problem, situation, or request (“input data”). Some popular AI models refer to input data by the term “prompt” as the user is prompting the AI to initiate an action, or to create additional information. Prompts can take different forms such as text prompts or image