Tag:data privacy
Navigating Data Subject Rights Requests: Balancing Compliance with Mitigating Misuse
In the wake of heightened awareness around data privacy and protection, regulations like the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States have emerged as trailblazers. These laws bestow significant rights upon individuals, allowing them to control and protect their personal data. At the heart of these regulations lies the concept of Data Subject Rights Requests (DSRR), also known by a similar name of Data Subject Access Requests (DSAR). This article offers strategies to combat the weaponizing DSRRs while complying with the requirements for legitimate requests.
The IRS-ICE Data Sharing Deal: A New Era of Regulatory Compliance Challenges
The Internal Revenue Service (IRS) is reportedly nearing an agreement to share limited taxpayer data with Immigration and Customs Enforcement (ICE), marking a significant departure in tax enforcement and immigration policy. This potential deal would allow ICE and the Department of Homeland Security (DHS) to verify whether names and addresses match filed tax records, purportedly to facilitate immigration enforcement efforts. However, this agreement raises concerns about taxpayer privacy, legal and corporate compliance, and potential declines in tax participation, which could undermine both federal revenue tax collection and trust in the tax system.
The RegTech Revolution: Automating Compliance in a Complex Regulatory Landscape
In today’s rapidly evolving digital landscape, organizations face an ever-expanding array of regulations and compliance requirements. To navigate this complex environment, many businesses are turning to Regulatory Technology, or RegTech, to automate compliance processes. While automation promises increased efficiency and reduced costs, it also raises concerns about added complexities and potential risks. Is relying on technology to handle compliance a prudent strategy, or would this add layers to an already tangled web?
Navigating the TikTok Ban Debate: Recent Regulatory Developments and the Path Forward
In recent years, TikTok has become a dominant force in the social media landscape, boasting over a billion users globally. However, its meteoric rise has been accompanied by mounting scrutiny, particularly in the United States. Concerns over national security, data privacy, and foreign influence have led to calls for restrictions, bans, and legislative action. As these debates unfold, it is essential to examine the legal, regulatory, and practical dimensions of the TikTok controversy and consider the path forward.
$47 for the 47th Presidency: Musk Tests Super PAC Limits with Payouts for Swing State Voter Referrals
On October 7, 2024, Elon Musk’s pro-Trump Super PAC, America PAC, announced it would disburse $47 payments to residents of certain swing states who refer other swing state voters to sign a petition pledging support for the First and Second Amendments. Musk said on his social media platform, X, “ For every person you refer who is a swing state voter, you get $47! Easy money.” Eligibility is limited to registered voters in seven key battleground states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. Musk’s goal is to reach 1 million signatures, which would amount to $47 million in payments to signatories.
FTC has Health Apps and Wearable Tech Vendors in its Sight with its Amended Health Breach Notification Rule
The Federal Trade Commission (“FTC”) is intensifying its already rigorous oversight of how health apps, such as fitness apps, menstrual cycle trackers, sleep trackers, etc., utilize and disseminate sensitive personal information. However, unresolved questions regarding the extent of the agency’s authority are likely to precipitate challenges that could significantly curtail these efforts.
Navigating the Genetic Frontier: 23andMe and the Challenges of Data Security
A recent situation involving millions of 23andMe users has raised significant concerns about data privacy and regulatory oversight. After sending a small tube of saliva to uncover ancestral roots, many individuals discovered that their genetic data had been compromised. 23andMe has transformed genetic testing by offering accessible health and ancestry information to consumers from the comfort of their homes. Since its inception, the company has faced regulatory challenges and became the first direct-to-consumer genetic genealogy test to receive FDA approval. While the company has largely avoided legal trouble over the years, recent data breaches have sparked legal action and underscored gaps in consumer protection.
Generative AI- The Next Frontier in Fighting Financial Crime
Artificial intelligence (AI) is the latest tool in a financial institution’s arsenal to restrict the flow of money being channeled to fund illegal activities worldwide. As criminals get more innovative and sophisticated in using the latest technology to evade detection of their financial crimes, financial institutions must follow suit and utilize similar technology to root out these crimes or risk facing regulatory sanctions. Money laundering generally refers to financial transactions in which criminals, including terrorist organizations, attempt to disguise the proceeds of their illicit activities by making the funds appear to have come from a legitimate source. However, this is not a new phenomenon. Congress passed the Bank Secrecy Act (BSA) in 1970 to ensure financial institutions follow a set of guidelines known as KYC (Know Your Customer/Client) to detect and prevent money laundering through their systems.
Kraken Settles with the SEC in a $30 Million Deal
Sophie Shapiro Associate Editor Loyola University Chicago School of Law, JD 2024 Kraken will pay $30 million to settle SEC (Securities and Exchange Commission) allegations that it broke the agency’s rules with its cryptoasset staking products and will discontinue them in the United States as part of the agreement with the regulator. What is Kraken? …
Read more
The Case for Expanding Privacy Protections in a Post-Roe World
In Dobbs v. Jackson Women’s Health Organization (Dobbs), the US Supreme Court ruled that abortion is not a fundamental right protected by the Constitution. This decision resulted in additional abortion protections in California, Michigan, and Vermont, and prompted many patients, providers, regulators, and tech companies to rethink data privacy. However, because most abortions are still banned in at least 13 states, this patchwork of state abortion laws, combined with the lack of any sufficient national privacy law, puts patient privacy at risk.