The National Institute of Standards and Technology has issued a set of draft principles for “explainable” artificial intelligence and is accepting comments until October 15, 2020. The authors of the draft principles outline four ways that those who develop AI systems can ensure that consumers understand the decisions reached by AI systems. The four principles are:
Continue Reading NIST Seeking Comments on Draft AI Principles

The FTC recently issued comments on how companies can use artificial intelligence tools without engaging in deceptive or unfair trade practices or running afoul of the Fair Credit Reporting Act. The FTC pointed to enforcement it has brought in this area, and recommended that companies keep in mind four key principles when using AI tools. While much of their advice draws on requirements for those that are subject to the Fair Credit Reporting Act (FCRA), there are lessons that may be useful for many.
Continue Reading FTC Provides Direction on AI Technology

Following its 20th plenary session on April 7, the European Data Protection Board (EDPB) selected geolocation and health data to focus on in its upcoming COVID-19 guidance. This follows in response to the EDPB’s earlier broad statement on the processing of personal data in the context of COVID-19.
Continue Reading EDPB Announces Scope of COVID-19 Guidance

The Online Interest Based-Advertising Accountability Program, which enforces privacy principles for digital advertising, recently announced its 100th action. In announcing this landmark, the Accountability Program looked back at the nature of the cases it has brought, noting that it has covered both desktop and mobile issues, and its focus has fallen into a few key categories. These include providing consumers with “enhanced notice” of behavioral advertising activities and ensuring that opt-out tools exist (and that they work!). The Accountability Program also took the opportunity to remind online advertisers about its OBA Self-Regulatory Principles, and the guidance for applying the principles in a mobile environment.
Continue Reading Interest-Based Advertising Enforcer Hits 100

A lawsuit against US Cold Storage under the Biometric Information Privacy Act was recently dismissed because, the court held, the violations of the law were merely technical. As a result, the plaintiff did not have sufficient standing. This decision echoes the other cases we have reported on recently.
Continue Reading No Federal Court Standing for BIPA Violation Without Injury