Hashed & Salted | A Privacy and Data Security Update
It has been another busy month in the world of privacy.
Utah is on the verge of becoming the fourth state in the U.S. with a comprehensive privacy law. While Washington and Florida don’t look like they will pass legislation this year, privacy bills are moving in a number of states and it is possible that other bills will pass into law before the end of the year. We are working with clients to prepare for the laws that will be in effect in 2023, but we heard from the California Privacy Protection Agency that we should not expect to see regulations related to the CPRA until much later this year. On the federal level, the FTC continues to pursue its privacy agenda, with a focus on violations of COPPA, and the Biden Administration and the SEC are focusing in on cyber-incident reporting. We will continue to send out alerts on breaking privacy news.
For our deep dives in this month’s issue, Jessica Lee, co-chair of Loeb’s Privacy, Security & Data Innovations practice, explains privacy-enhancing technologies (PETs) and what leaders across functions need to know to advise their teams on these technologies.
In our second article, associate Chanda Marlowe offers a primer on artificial intelligence in educational technology and highlights what companies should consider when deploying AI technologies in Ed Tech tools. And in our team member spotlight, Allison Cohen, of counsel at Loeb, shares how she developed her focus on privacy over the past 22 years—and reveals a lifelong passion.
In This Issue
- Pivot to PETs: What You Need to Know About Privacy Enhancing Technologies
- AI in Ed Tech: Privacy Considerations for AI-powered Ed Tech tools
- In Case You Missed It: California Privacy Rights Act Regulations Update
"Over the next several months, we will be working on a big jigsaw puzzle of state privacy laws that have been enacted or will be enacted soon, and advising clients on how to adopt policies, procedures and practices that align with these laws in practical ways."
How did you develop your area of focus?
I developed my area of focus “on the job” over the past 22 years as in-house counsel first at Daimler Chrysler Financial Services, then at Toyota Financial Services and finally at Toyota Motor Sales, USA Inc. Daimler hired me out of a Detroit law firm to handle issues involving contracts and leases for vehicles. My responsibilities expanded quickly into the area of privacy with the enactment of the Graham Leach Bliley Act. When I moved to California and joined Toyota, I continued to hone my knowledge in privacy. At the time, privacy was not a full-time legal position; it was just one of the areas I focused on at the finance company. By 2005, privacy was becoming a bigger deal, and Toyota’s sales organization needed a lawyer to focus on privacy. I moved over to Toyota Motor Sales, USA Inc. and enjoyed an 11-year career as Managing Counsel of Privacy, dealing with every aspect of privacy, from data breaches to connected vehicles and cutting-edge issues in the area of data privacy. When Toyota moved to Plano, Texas, and I decided to stay in California, I was fortunate to land at Loeb & Loeb.
What’s exciting you or grabbing your attention?
The most exciting aspect of my work right now is the ever-evolving landscape of state privacy law. Over the next several months, we will be working on a big jigsaw puzzle of state privacy laws that have been enacted or will be enacted soon, and advising clients on how to adopt policies, procedures and practices that align with these laws in practical ways. This will be quite a challenge, and I look forward to helping our clients meet their business objectives while complying with this patchwork of privacy laws and proposed legislation, some of which is sure to become law.
What’s something people would be surprised to know about you?
Most people would be surprised to learn that I am a lifelong horseback rider and currently lease a horse named Gracie, whom I am fortunate to ride through the trails of Palos Verdes California year-round. Also, I love cooking, and when I retire from practicing law, I plan to go to culinary school.
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