The Data Chronicles

In this Data Chronicles podcast, host Scott Loughlin is joined by Hogan Lovells colleagues Ryan Thompson and Harsimar Dhanoa to explore the clash between data privacy, regulation of online services, and the First Amendment as spotlighted in a recent Ninth Circuit decision on California’s Age-Appropriate Design Code Act (AADC). This ruling, which found that the AADC’s Data Protection Impact Assessment (DPIAs) requirements likely violate the First Amendment, could impact data protection policy more broadly as policymakers increasingly see DPIAs as a regulatory tool. Listen as they dissect the ruling’s implications for DPIAs and the future of using DPIAs as a component of kids policy.

Data minimization is now a popular data protection requirement for policy makers.  Whether it’s in established laws like HIPAA, GDPR or the CCPA, or the emerging state laws, lawmakers increasingly expect that businesses will only collect, use, and retain only the minimum amount of personal data. That’s easier said than done.

While the requirement seems straightforward, it is very difficult to implement or even to know where to start. Matt McClelland, Managing Director & IG Practice Leader at Ankura, joins host Scott Loughlin to explore data minimization strategies, including as part of larger data governance programs. While challenging, learning how to approach data minimization can create lasting value for data-driven businesses' AI and cyber risk management.

The FTC has concerns with user reviews. As consumers explore a vast global marketplace, they increasingly depend on product and service reviews to make informed decisions. There are widespread questions, however, whether these reviews can be manipulated or become misleading, including through non-disclosed paid endorsements and AI-generated fake entries.

To address both the importance of reviews and their integrity, the FTC is introducing new rules, which the FTC believes will enhance transparency and fairness in user reviews. Host Scott Loughlin, along with Hogan Lovells lawyers Lance Murashige and Harsimar Dhanoa, will explore how these regulations will impact ecommerce and create a new regulatory overhang for user reviews. This discussion will provide valuable insights into the impact of these changes on both businesses and consumers.

In this episode, host Scott Loughlin is joined by Commissioner Keith E. Sonderling of the U.S. Equal Employment Opportunity Commission (EEOC). Commissioner Sonderling, a leading voice on the impact of artificial intelligence in employment and human resources, offers insights into how developers and employers can harness AI’s potential while managing the underlying legal risks of using AI to support HR functions. Together, Scott and Commissioner Sonderling explore the intersection of AI and employment, with a particular focus on weighing bias concerns against the promise of AI in transforming the hiring process to match talent with opportunities.  This episode is a must-listen for HR professionals, legal teams, and anyone interested in the future of AI in the workplace.

Host Scott Loughlin is joined by Hogan Lovells teammates Aaron Lariviere and Rachel Parrish to examine the evolving landscape of individual privacy rights under U.S. state laws in this episode of The Data Chronicles. 

Together, they discuss how differing privacy rights — such as access, deletion, and opt-outs — create compliance challenges for organizations operating under the disparate set of U.S. rules. This discussion provides valuable insights into navigating these intricate state-specific laws and implementing effective strategies for compliance.

Our AI issue spotting podcast series on how AI is being litigated today and where disputes are likely to arise in the future.

In this episode, Scott Loughlin is joined by Hogan Lovells partner Vassi Iliadis, a litigator with a strong background in high-stakes class actions involving cybersecurity breaches, privacy violations, and the legal challenges of AI technologies.

Their discussion provides valuable insights into how AI litigation will evolve from a focus on disputes on what data and IP is ingested into AI technology to later spotlight liability arising from AI outputs and how companies use them in their operations.  

Artificial intelligence is not just reshaping our world; it’s also redefining the rules of international trade and export controls.

In this episode, host Scott Loughlin is joined by Hogan Lovells partners Aline Doussin and Stephen Propst to explore how AI is influencing global trade laws and export regulations. Together, they investigate the complexities and emerging challenges of managing AI-enabled products across different jurisdictions, offering insights into navigating the evolving legal landscape.

The dynamic legislative landscape takes center stage in this episode of The Data Chronicles. Across the United States, state legislatures have passed numerous bills relating to privacy, online safety, and data governance, contributing to the complex regulatory environment.

This episode recaps the legislative changes in the first half of 2024, featuring insights from host Scott Loughlin and Harsimar Dhanoa, an associate dedicated to privacy and cybersecurity at Hogan Lovells.

Join them as they discuss the implications of these new laws for businesses and consumers, and what lies ahead in the dynamic intersection of technology, law, and policy.

This episode of The Data Chronicles focuses on insider threats in the hiring process.

Recent reports have highlighted a concerning trend where North Korean nationals seek and sometimes secure jobs in the United States and other Western countries using sophisticated methods to evade sanctions restrictions and potentially steal data. These developments have reignited discussions on how organizations should handle insider threats from sanctioned countries during recruitment.

Joining Scott Loughlin are Dan Ongaro, Hogan Lovells senior associate, and Landon Winkelvoss, co-founder of NISOS, a firm specializing in managed intelligence and digital investigations. Together, they share their insights, dissect the complexities of this issue, and propose strategies to enhance organizational security from insider threats, both foreign and domestic.

In this episode of The Data Chronicles, host Scott Loughlin is joined by Hogan Lovells counsel Dan Whitehead to dive into the evolving realm of cybersecurity regulation in the European Union (EU). Together, they explore the adoption of the Network and Information Security (NIS2) Directive, a cybersecurity framework set to impact a wide range of industries including tech, life sciences, and other critical infrastructure provided both within and outside the EU. The discussion delves into the evolving nature of cybersecurity law, highlighting the implications on security governance, board-level oversight, and incident reporting, along with the GDPR-level fines for non-compliance. Listen as these regulatory changes are dissected and learn about how organizations are looking to comply with these new standards in practice.