AI and Ethical Data Practices in Human Resources: Privacy and Cybersecurity Landscape 2023-2024

Overview

This episode provides a comprehensive analysis of the fragmented and rapidly evolving privacy and cybersecurity regulatory landscape in 2023-2024, examining how state legislatures, federal agencies, and courts filled the void left by Congress's failure to pass comprehensive federal privacy legislation.

Learning Objectives

After completing this episode, participants will be able to:

1. Analyze the regulatory vacuum created by congressional failure and the resulting decentralized state response to privacy legislation
2. Navigate the fragmentation of state privacy laws including varying applicability thresholds, sensitive data treatment philosophies, and administrative requirements
3. Evaluate enforcement and penalty structures including state attorney general authority, California's statutory damages impact, and right to cure provisions
4. Apply targeted state laws including Washington's My Health My Data Act, California's Delete Act, and Montana's Genetic Information Privacy Act
5. Understand federal agency enforcement approaches from FTC, CFPB, SEC, and HHS including new expectations and accountability standards
6. Assess the litigation landscape including federal court standing requirements, wiretapping statute repurposing, and Illinois BIPA implications
7. Address emerging technology privacy challenges including smart cities, edge computing, and international data flows
8. Recognize government surveillance issues and reform efforts including FISA Section 702 and data broker loopholes

Key Takeaways

1. Fragmentation is the new normal: 14+ state privacy laws with varying requirements create operational complexity

1. Accountability is shifting: From technical security to governance, communication, and proactive compliance

1. Personal liability is rising: Senior executives face individual consequences for cybersecurity failures

1. State supremacy: States driving privacy regulation while federal agencies assert existing authority

1. Enforcement is aggressive: Federal agencies using old laws for new technology challenges

1. Litigation risk is high: Wiretapping statutes and BIPA creating massive liability exposure

1. Technology is outpacing law: Courts repurposing old statutes for modern tracking technologies

1. International coordination: EU-US framework provides temporary certainty for data flows

1. Right to cure is expiring: Businesses must shift from reactive to proactive compliance

1. Professional ethics matter: Individual professional codes may face increased scrutiny for privacy failures