2024 – Cyber Law Watch

New House AI Bills for the Financial Services Sector

Dec 12 2024

By: Christopher Valente, Scott Gelbman, and Joshua Durham

Artificial intelligence (AI) remains top of mind for lawmakers and regulators, who continue to grapple with new legislative proposals, as well as a changing regulatory regime designed to prepare the United States government to interact with AI-related issues, while also positioning the United States to be a leader in AI innovation. In line with 15 USC Ch. 119 and Executive Order 14110, two more bipartisan House bills were just introduced to further the government’s response to AI.

Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take

Nov 11 2024

By: Claude-Etienne Armingaud and Anna Gaentzhirt

In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global Privacy Assembly (GPA)’s International Enforcement Cooperation Working Group (IEWG) recently published a Joint statement on data scraping and the protection of privacy (signed by the Canadian, British, Australian, Swiss, Norwegian, Moroccan, Mexican, and Jersey data protection authorities) to provide further input for businesses when considering data.

Clarifications of Legal Bases for Cross-Border Data Transfers in Landmark Judgment by the Guangzhou Internet Court in China

Nov 06 2024

By: Sarah Kwong, Dan Wu, and Amigo Lan Xie

The Guangzhou Internet Court in China (Court) issued a landmark judgment under the Personal Information Protection Law (PIPL) (Judgment). This marked the first court decision in China regarding cross-border personal information transfers. In the case, the plaintiff expressed concerns about his personal information being transferred internationally without his explicit consent, while the defendants argued that the data processing was necessary for contractual obligations and aligned with industry standards.

Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

Nov 04 2024

By: Christopher Valente and Michael Stortz

In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court held that the state’s 1968 Wiretap Act (Mass. G.L. c. 272, § 99) does not apply to the deployment of online software that collects and transmits information regarding user interactions with websites to third parties.

Higher Regional Court of Hamm (Germany): Claims for Moral Damages Under Art. 82 GDPR are Assignable – German Class Actions Coming?

Oct 04 2024

By Dr. Thomas Nietsch and Andreas Müller

On July 24, 2024, the OLG Hamm ruled that claims for moral damages under Art. 82 GDPR are generally assignable (case number: 11 U 69/23).

Australian Privacy Law Reform – The Wait is (Almost!) Over

Sep 12 2024

By: Cameron Abbott, Stephanie Mayhew, and Rob Pulham

The long-awaited privacy reform has finally been introduced into the Australian Parliament today with the introduction of the Privacy and Other Legislation Amendment Bill 2024. Described as ‘Tranche 1’ of the reforms, the Bill introduces significant uplifts to several aspects of Australia’s privacy laws.

Decision by German Higher Regional Court Koblenz: Consent for Publication of Interview not Revocable

Aug 30 2024

By: Dr. Thomas Nietsch and Andreas Müller

On 31 July 2024 the Higher Regional Court of Koblenz (Oberlandesgericht Koblenz) has rejected an appeal to a verdict of the Regional Court of Koblenz (Landgericht Koblenz) for deletion of an interview published on YouTube, due to lacking a prospect of success (case number 4 U 238/23).

Privacy Reform Bill Just Around the Corner

Aug 26 2024

By: Cameron Abbott, Rob Pulham, and Lauren Hrysomallis

There appears to be a further delay to the long-anticipated privacy law reform legislation, most recently expected to be unveiled this month. But even with this delay the wait won’t be long; we could see a draft bill introduced in as little as three weeks’ time.

Japanese Government Published Checklist and Guidance Related to AI and Copyrights

Aug 26 2024

By: Aiko Yamada and Yuki Sako

On 31 July 2024, the Agency for Cultural Affairs, Government of Japan (the Agency) published “Checklist and Guidance related to AI and Copyrights” (the Checklist), suggesting some ideas to resolve unsettled issues related to “Do inputs to AI infringe copyrights?” (see our previous blog “Japanese Government Identified Issues Related to AI and Copyrights”) for AI developers as described below:

Archive:2024