Careful consideration and close collaboration between your organization’s business departments are watchwords for 2025. AI tools in performance management and other areas present both opportunities and risks as increased regulation and enforcement at the state level proliferate — along with the rise of related class actions. On the privacy front, a focus on data minimization and thoughtful implementation and governance of new technologies and their data, both within the organization and across its vendors, will all help to avoid unintended consequences.
Takeaways
- Unclear how change in administration will impact federal government guidance on AI.
- 2025 will likely bring more state laws on AI regulation for developers and deployers, as well as more state-level enforcement actions of state privacy and security laws.
- Privacy litigation will continue to grow.
- Organizations should take stock of data they maintain to determine how to ensure privacy law compliance.
- Organizations should take preventative measures to protect personal data they maintain (including data processed by their vendors).
State Privacy Laws Taking Effect in 2025
January 1
- Delaware Personal Data Privacy Act
- Iowa Consumer Data Protection Act
- Nebraska Data Privacy Act
- New Hampshire Consumer Data Protection Act
January 15
- New Jersey Data Privacy Act
July 1
- Tennessee Information Protection Act
July 31
- Minnesota Consumer Data Privacy Act
October 1
- Maryland Online Data Privacy Act
State AI Developments
Trends in Data Privacy and Security Litigation + Regulatory Enforcement
- Increase in data breach class actions.
- Website tracking technology claims.
- Illinois Biometric Information Privacy Act and Genetic Information Privacy Act claims.
- AI and data privacy actions: Legal challenges to AI’s use of personal data and decisions made with assistance from AI.
- Regulatory enforcement actions: Aggressive enforcement by state AGs and industry regulators.
Hosts: Eric J. Felsberg, Principal, Artificial Intelligence Co-Leader and Technology Industry Co-Leader, and Joseph J. Lazzarotti, Principal, Artificial Intelligence Co-Leader and Privacy, Data and Cybersecurity Co-Leader
“It’s like an AI chicken or the egg conundrum. Who should own the liability there? Should it be the developers of these technologies or should it be the users? If you're trying to make that determination, where does that line fall? This uncertainty has worked its way into different legislation across the country. It really reflects how these lawmakers are grappling with some of these issues that, frankly, don't have an easy answer.”
Hosts: Joseph J. Lazzarotti, Principal, Artificial Intelligence Co-Leader and Privacy, Data and Cybersecurity Co-Leader, and Damon W. Silver, Principal and Privacy, Data and Cybersecurity Co-Leader
“It's this constant sense of governance — risk and compliance processes that should take place whenever you're dealing with these technologies. If there was one goal I would recommend for next year, that would be more collaboration between the stakeholders [IT, legal, HR, the business area deploying the tech] when rolling out these kinds of tools.”
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