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Jennifer Dickey

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Jennifer Dickey is an associate in Dykema’s Chicago office. She focuses her practice on advising organizations on privacy compliance and regulatory requirements. Jennifer helps businesses navigate complex data privacy frameworks and implement proactive strategies to mitigate risk and ensure operational alignment with evolving laws.

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A status check on the state of artificial intelligence regulation in the U.S.

Takeaways

  • Executive Order 14365 has so far not brought any clarity or consistency to U.S. artificial intelligence (AI) regulations.
  • No U.S. state AI laws have been challenged or overturned (yet).
  • Businesses should be careful about not overcorrecting to early federal pressure on AI regulations. Even if they are overturned, organizations would still have consumer protection, anti-bias, and anti-discrimination obligations that state regulators and Attorneys General will enforce in the AI context through other mechanisms.

OpenAI released GPT-4 in March 2023. By then, it was already the fastest-growing software application in the history of the human race. Artificial intelligence had already been deployed across many businesses, but the rapid proliferation of large language models into everyday life transformed AI regulation from a niche concern into the top priority of legislative sessions nationwide. There was a scramble to regulate and then understand (in that order) this new technology, resulting in over-drafted measures followed by industry pushback and a subsequent contraction due to the chilling effect that reactionary regulation can have on business investment.[1]

Continue Reading The Curious Case of Executive Order 14365’s Impact on AI Regulation

Key Takeaways:

  • The Minnesota Consumer Data Privacy Act (the “Act”) follows established trends regarding transparency, data minimization, and required assessments, but represents the next evolution in consumer rights under U.S. state-by-state privacy legislation.
  • The Act provides consumers with special rights related to profiling, that is, automated processing of personal data to evaluate, analyze, or predict personal aspects of an individual, including through AI, not found in other state laws.
  • The Act requires covered organizations to adapt and expand their existing compliance programs in order to respond to these new consumer rights.

Summary:

Starting July 31, Minnesota will join the growing list of U.S. states with its own comprehensive consumer data privacy law, but with a key difference. Signed into law in 2024, the Minnesota Consumer Data Privacy Act follows the broader national trend toward stronger data protection and use standards. Like other U.S. state privacy laws, the Act requires covered organizations to:

Continue Reading The Minnesota Consumer Data Privacy Act Is the Next Evolution in Consumer Privacy Rights