The 2022 National Association of Attorneys General (NAAG) Presidential Summit, held last week in Des Moines, Iowa, signaled a clear partnership between state AGs, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) to accomplish Iowa AG Tom Miller’s “fight back” presidential initiative: Consumer Protection 2.0: Tech Threats and Tools. Picking up from the 2021 kickoff of Miller’s NAAG initiative this past December, the NAAG Summit featured a variety of speakers from the federal, state, and private sectors, including, most notably, from the FTC and CFPB.
On March 10, 2020, Vermont Attorney General T.J. Donovan initiated an enforcement action based on Vermont’s new data broker law against Clearview AI, Inc.
Vermont’s data broker law, which became effective January 1, 2019, governs data brokers, which it defines as companies that collect and sell or license to third parties the personal information of a consumer with whom the business does not have a direct relationship. The law requires that data brokers (a) annually register with the Vermont Secretary of State, including completing certain necessary disclosures, and (b) maintain minimum data security standards. The law also prohibits any businesses or individuals – not just data brokers – from acquiring brokered personal information through fraudulent means or for the purpose of stalking, harassment, discrimination, or fraud.
According to the complaint, Clearview, which only registered as a Vermont data broker in January 2020 shortly before the publication of a New York Times article discussing many of the issues outlined in the complaint, uses “screen scraping” to amass a database of three billion photographs. Clearview then combines those photographs with facial recognition technology to create a commercial service that allows a customer to upload a photograph and “instantly identify the individual through facial recognition matching.” While Clearview claims the technology exists to help law enforcement, the complaint alleges that Clearview has also provided its app to for-profit entities, investors, and foreign governments.…
On March 2, 2020, Reed Smith and the International Association of Privacy Professionals (IAPP) presented a panel discussion on 2020 privacy laws and trends featuring Attorney General Christopher Carr of Georgia; Linda Holleran Kopp of the Bureau of Consumer Protection, Division of Privacy and Identity Protection of the Federal Trade Commission (FTC); and Oriana Senatore, Senior Vice President of Policy & Research at the U.S. Chamber Institute for Legal Reform (ILR).
A clear theme from the discussion was that federal legislation is the best path for privacy reform in the United States. The current “patchwork quilt” of federal and state data privacy laws and enforcement by the FTC (and other agencies) as well as by states – now complicated exponentially by enforcement actions by cities and counties and the presence of private rights of action increasingly proposed for state privacy legislation – is not the way to best balance privacy consumer protection and business compliance. Indeed, the evolving privacy landscape is now approaching a “crazy quilt patchwork.”…
Continue Reading Georgia AG, FTC and US Chamber Institute for Legal Reform discuss “crazy quilt patchwork” of privacy laws in the US