Insights

A February 13, 2024 Federal Trade Commission blog post titled AI (and other) Companies: Quietly Changing Your Terms of Service Could Be Unfair or Deceptive follows previous posts promoting its larger initiative to oversee the growing use of AI. In this post, the FTC reminds companies developing AI products to be cautious whenever changing their privacy policies and to ensure that the changes are not made in unfair or deceptive ways.

On January 9, 2024, the Federal Trade Commission published a blog post titled AI Companies: Uphold Your Privacy and Confidentiality Commitments. In it, the FTC, as part of its larger initiative to oversee the use of AI, reminds companies to abide by the privacy commitments they have made, no matter where they made them, and to disclose all material facts. If they do not, they risk an enforcement action from the FTC. To avoid legal risk, companies must coordinate across departments about their privacy policy and privacy representations as part of developing AI models.

The number of medical devices with wireless and network-connected capabilities continues to grow. At the same time, by some reports the number of ransomware attacks on health care facilities has more than doubled in recent years.[1] Recent cyberattacks and/or ransomware attacks on healthcare systems have resulted in stolen patient data, emergency room closures, diversion of ambulances, and cancellation of surgeries and other appointments. Given the potential disruptions in patient care in connection with these incidents, the cybersecurity of medical devices with wireless and network-connected capabilities becomes increasingly important to avoid and mitigate these possible impacts.