UPDATE: Online registration is closed. Please reach out to Elizabeth Hagerty at elizabeth@fcba.org if you would like to register.
The FCBA Consumer Protection and Privacy and Data Security Committees will jointly sponsor a CLE on Monday, March 27 from 3:00 – 5:00 p.m. ET entitled Understanding the Impacts of the Growing Patchwork of State Privacy Laws. This program will be held virtually via the Zoom platform.
2023 is a landmark year for consumer privacy legislation and regulation at the state level, with five new omnibus privacy laws are going into effect in California, Colorado, Connecticut, Utah, and Virginia. These new omnibus frameworks add to the growing patchwork of privacy laws at the state level, including privacy laws focusing on kids and teens, and biometric privacy laws, among others. And without a comprehensive federal privacy law, other states are considering similar approaches.
This program will provide an overview and update about this evolving state privacy landscape; explore how these laws impact emerging technologies and data practices, including artificial intelligence and biometrics; and analyze recent enforcement actions and trends.
The FCBA will apply for 2.0 hours of MCLE credit from the VA Bar. This program has not yet been approved.
AGENDA
3:00 – 3:05 p.m. Welcome and Introduction
3:05 – 3:20 p.m. State Privacy Laws 101
During this session, we will review the existing state privacy law landscape, including new and existing omnibus privacy laws, biometric privacy laws, and privacy laws focusing on kids and teens. We will also flag key regulatory proceedings in California and Colorado and pending legislation to watch across various state legislatures.
Speaker:
Keir Lamont, Director, Future of Privacy Forum
3:20 – 4:10 p.m. The Impact of State Privacy Laws on Emerging Technologies and Data Practices
During this panel, we will explore how the various legal frameworks across the states impact emerging technologies and data practices, including artificial intelligence and biometrics. Panelists will discuss specific consumer rights and controller obligations associated with automated decision making under the new state laws and developing regulations in California and Colorado. Panelists will also discuss privacy obligations with respect to biometric data and personal information about kids and teens.
Speakers:
Andy Kingman, President, Mariner Strategies LLC
Maya McKenzie, Tech Policy Counsel, Entertainment Software Association
Ben Winters, Senior Counsel, EPIC
Moderator:
Tyler Bridegan, Associate, Wiley Rein LLP
4:10 – 5:00 p.m. The Enforcement Impact of State Privacy Laws
Each state privacy law has a unique enforcement framework and features—including Attorney General enforcement, District Attorney enforcement, agency enforcement, and private rights of action. In several states, the framework includes multiple enforcement actors. During this panel, we will explore how these frameworks and features can have a distinct impact on how the laws are implemented and interpreted. Panelists will also discuss recent enforcement activity and trends that companies should be monitoring.
Speakers:
Michele Lucan, Deputy Associate Attorney General / Chief of the Privacy Section, Connecticut Office of the Attorney General
Chris Marchese, Counsel, NetChoice
Adam Schwartz, Senior Staff Attorney, Electronic Frontier Foundation
Jill Szewczyk, Colorado Department of Law
Rachel Wolkowitz, Partner, Wilkinson Barker Knauer LLP
Moderator:
Tracy Marshall, Partner, Keller and Heckman LLP