Artificial intelligence (AI) refers to the recognition or creation of patterns that simulate human actions or thought. Since the late 1970s, when people began regularly interacting with computers, AI has become increasingly prevalent, and uses of AI technology continue to create greater opportunities for interaction with human norms — those rules that define acceptable behavior. … Continue Reading
Our 2022 Data Security Incident Response Report discussed how businesses can be better positioned to meet the tight data breach notification deadlines now imposed in dozens of countries worldwide. In particular, we highlighted some steps businesses can proactively take to improve their ability to meet these notice requirements, including:… Continue Reading
For those attorneys and information governance practitioners unfamiliar with recent pedagogic advancements, “real-world problem solving” moves teaching approaches away from the classical model that assumes individuals will operate logically and in self-interested ways to a more realistic view. The more realistic view then acknowledges the powers of wishful thinking, uneven knowledge across populations, and the … Continue Reading
Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s proposed AI Regulation. The FTC’s 2021 guidance referenced, in large part, the FTC’s April 2020 post “Using Artificial Intelligence and … Continue Reading
The week of April 19 was an eventful one for practitioners following the evolution of potential artificial intelligence (AI) enforcement both in the United States and abroad, answering some questions regarding which regulators were going to take a more active and prospective role in regulating and advising on AI use and what those roles might look … Continue Reading
The California Consumer Privacy Act (CCPA) does not in itself outline specific employee training or record-keeping requirements that demonstrate business compliance with the law. However, the California attorney general’s final CCPA Regulations, intended to guide the application of the CCPA, detail that specific types of employee training and record-keeping are required for CCPA compliance. Specifically, … Continue Reading
The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Asset and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on display in its latest Practice Group, Digital Asset and Data Management (DADM), which offers holistic, enterprise-wide risk solutions to … Continue Reading
The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However, in October 2019, the California attorney general proposed additional CCPA Regulations intended to guide the application of the CCPA, and Section 999.317 of the proposed … Continue Reading
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to data held by cloud service providers through Stored Communication Act (SCA) warrants, as … Continue Reading
The DESI VII Workshop titled “Using Advanced Data Analysis in eDiscovery & Related Disciplines to Identify and Protect Sensitive Information in Large Collections” was held on the Strand Campus of King’s College in London on June 12, 2017. DESI VII was particularly focused on privacy, and presented numerous papers that examined emerging protocols and novel … Continue Reading
In our 2017 BakerHostetler Data Security Incident Response Report, we addressed the increasingly ubiquitous scourge of ransomware, one of the fastest-growing types of malware causing data security incidents. We noted that ransomware attacks have been steadily expanding in both frequency and severity, and that those trends seemed set to continue for the foreseeable future. Less than a … Continue Reading
As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than 20 years. Coming into effect on May 25, 2018, the GDPR focuses on a number of core data protection principles and … Continue Reading
On October 6, 2015, the Court of Justice of the European Union (CJEU) issued a highly anticipated judgment that has the potential to impact how thousands of companies transfer data from the EU to the United States. The Court’s decision effectively invalidates the European Commission’s “adequacy” determination with respect to the U.S.-EU Safe Harbor Framework, … Continue Reading
The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with Security” conference, taking place at the University of California’s Hastings College of the Law on September 9, 2015. The … Continue Reading
Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus … Continue Reading
The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading
2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many organizations. The continued growth of data, the escalating threat of data breaches, the amazing ability to collect and … Continue Reading
Editor’s Note: We recently launched a graphic illustrating our Cyber Risk Mitigation Services. This week, our attorneys will be writing about specific examples of those services. The past few years have witnessed the unprecedented rise of Big Data. Fully 90 percent of today’s data was created over just the past two years. Businesses now double the … Continue Reading
Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with the possessions, and often stands in stark contrast to what an outsider or “normal” person’s perception. The idea of accumulating vast quantities of … Continue Reading
This post is a joint submission with BakerHostetler Discovery Advocate blog. On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is LegalTech New York (#LTNY), the annual E-Discovery, privacy, and information governance bash. And today, just hours after the massive conference closed, the E-Discovery … Continue Reading
This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns, privacy, compliance requirements and the costs of ediscovery all militate toward implementation … Continue Reading