The Data Chronicles

AI issue spotting | Emerging practices and challenges in conducting AI impact assessments

AI impact assessments are becoming increasingly important as organizations deploy more AI technologies, and this episode of AI Issue Spotting is here to break down why they matter. These assessments help organizations answer critical questions about their AI systems, from how they work to how they address potential legal risks like bias, safety, and privacy.
Scott Loughlin is joined by Daniel Berrick, Senior Policy Counsel for Artificial Intelligence at the Future of Privacy Forum, to discuss the latest practices and trends in AI Impact Assessments.

The FTC’s focus on location data and the hidden collection of sensitive data

The Data Chronicles dives into the recent FTC action against data broker Mobilewalla, which highlights the Commission’s continued focus on the collection, use, and disclosure of sensitive consumer data, including by downstream data recipients in the ad tech ecosystem.  Join Scott Loughlin and Hogan Lovells colleague Alaa Salaheldin as they unpack the implications of the FTC action and what it means for the future of data privacy, ad tech and location data.

AI issue spotting | AI meets ESG | Navigating legal risks in the age of technology

Explore the evolving relationship between AI and ESG (Environmental, Social, and Governance) issues in this episode of AI Issue Spotting.
As AI technology continues to advance, it brings with it unique legal challenges, particularly in the realm of ESG litigation. Scott Loughlin is joined by David Foster, a partner at Hogan Lovells and leader of the firm’s ESG litigation practice. Together, they examine how AI is intersecting with ESG concerns, including emerging legal risks like AI washing, and the future trajectory of ESG-related lawsuits.

AI issue spotting | California adopts AI Laws focused on health and life sciences

Explore the recent updates in U.S. AI laws, focusing on regulations specific to the health and life sciences sector. With the rise of state-level AI legislation, particularly in California, this episode of AI Issue Spotting discusses how these new laws are shaping the regulatory landscape particularly for entities in the health and life sciences sector. Unlike broad, EU-style regulations, these laws are tailored to address sector-specific challenges and use cases, signaling a continued trend of fragmented, patchwork regulations across industries. Scott Loughlin is joined by Hogan Lovells colleagues Jessica Robinson Hanna and Alyssa Golay to examine the implications of these changes for healthcare, data compliance, and AI in general.

The 2024 year-end review and 2025 predictions episode

In this special year-end episode of The Data Chronicles, host Scott Loughlin is joined by Eduardo Ustaran, global co-lead of Hogan Lovells' Privacy and Cybersecurity practice, while they take a deep dive into the key developments of 2024 and offer insights into what’s ahead for 2025.
 
From enhanced regulatory enforcement in the EU to the evolving patchwork of U.S. state privacy laws, they discuss the dynamic challenges shaping the digital landscape. The episode also highlights AI's transformative role, with a focus on privacy implications, governance, and emerging regulations like the EU AI Act. Eduardo shares updates on international data transfer frameworks, while Scott explores the U.S.’s approach to AI innovation and national security concerns surrounding global data flows.
 
Tune in for one of our favorite episodes of the year, for our analysis and actionable insights on navigating these pivotal changes in data privacy, cybersecurity, and AI governance.

A matter of national security | U.S. regulation of cross-border data transfers - The impact on the health and life sciences industry

Join us for a short series examining the DOJ’s recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.”  We’ll explore the NPRM’s implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors.
The impact on the health and life sciences industry
Finally, in Episode 3, Scott continues the discussion with partner Mike Druckman to explore the unique impact of the proposed rule on the health and life sciences sector, including new standards for sensitive data such as genomic information and biospecimens.

A matter of national security | U.S. regulation of cross-border data transfers - Global Compliance

Join us for a short series examining the DOJ’s recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.”  We’ll explore the NPRM’s implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors.
Global Compliance
In Episode 2, Scott discusses with partners Elizabeth Boison and James Denvil the NPRM’s implications for global compliance and data protection programs.

A matter of national security | U.S. regulation of cross-border data transfers - Overview, Global and Political Shifts

Join us for a short series examining the DOJ’s recent Notice of Proposed Rulemaking (NPRM) on cross-border data transfers and its potential to reshape global data flows from the US to China and other “countries of concern.” We’ll explore the NPRM’s implications for national security, compliance programs, data governance and the unique impact it will have on the health and life sciences sectors.
Overview, Global and Political Shifts
In Episode 1, host Scott Loughlin provides an in-depth overview of the recent NPRM. Later in the episode, Scott is joined by Hogan Lovells partner Ajay Kuntamukkala to discuss the global commercial implication of the proposed rule and its potential impact on global businesses.

U.S. data protection policy after the 2024 election

In this episode of The Data Chronicles, Scott Loughlin leads a timely discussion on the evolving landscape of U.S. privacy regulations in the wake of the 2024 presidential election.
 
Recorded in December 2024, just weeks after Donald Trump’s election victory and the election of a Republican-controlled Congress, this episode explores how shifts in federal leadership could reshape the federal privacy framework. Scott is joined by Hogan Lovells colleagues Mark Brennan, Bret Cohen, and Harsimar Dhanoa. Together, they analyze the implications for businesses and consumers, highlighting the potential changes for privacy laws in the U.S.

AI issue spotting - AI, consumer protection, and state AG | How consumer protection principles are shaping AI regulation

Host Scott Loughlin is joined by Hogan Lovells partner Jason Downs to explore the growing legal challenges surrounding AI and consumer protection, particularly in areas like pricing, hiring, transparency, and bias. 
State attorneys general are increasingly focused on how AI systems affect consumers and using their broad authority to pursue alleged AI harms. With penalties for violations potentially reaching US$10,000 per occurrence, proactive risk management is a must. 
Tune in to learn how attorneys general across states are considering these issues and how to stay ahead.  

AI issue spotting | The power play | Exploring energy’s role in AI growth

Explore the legal challenges at the intersection of AI. 
As AI systems become more power-hungry, data centers must meet rising energy demands, raising complex legal and societal questions. 
Scott Loughlin is joined by Hogan Lovells partners Chip Cannon and Amy Roma, who share their expertise on how tech and energy companies are addressing these challenges across the U.S. Together, they dive into issues like energy regulation, data center power consumption, and the legal complexities emerging from the growing demand for AI infrastructure.

One-click cancellations | Exploring the impact of the FTC’s new click-to-cancel rule

The FTC's new Click-to-Cancel rule is designed to simplify the process for consumers to cancel recurring subscriptions and memberships, requiring B2B and B2C businesses to evaluate their practices, user interfaces, and compliance measures. While the intent is clear, its implications are extensive, and the rule has already been challenged in court.
Scott Loughlin is joined by Harsimar Dhanoa, who specializes in emerging regulations. Together, they explore the impact of the new rule in the broader context of user experience, data protection, and consumer rights, as well as the important role of data protection professionals in navigating these changes.

AI issue spotting | Navigating the ethical maze of AI technology

This episode continues the discussion from the AI Mastery Class, where Scott Loughlin is joined by Donald DePass from the D.C. Privacy and Cybersecurity team and Ana Rumualdo from the Mexico City office.
Together, they examine how ethics influences AI compliance programs, highlighting the need to balance harm prevention with technological progress.
They cover key topics such as product safety, transparency, and user empowerment, while also discussing practical steps organizations can take to effectively incorporate ethical practices into their AI development processes.

Behind the curtain | FDA and privacy considerations in clinical trial recruitment

Explore the challenges of clinical trial recruitment within the life sciences sector in this episode of The Data Chronicles. 
Successful clinical trial recruitment is critically important to any research sponsor, including pharmaceutical and medical device companies and this poses a number of complex FDA and privacy considerations. 
Host Scott Loughlin is joined by fellow Hogan Lovells lawyers Robert Church, a partner in the FDA practice, and Melissa Levine, counsel in our Privacy and Cybersecurity practice. Together, they discuss how organizations can navigate the regulatory landscape and address the unique hurdles that arise in attracting and enrolling suitable data subjects for clinical studies.

Did the 9th Circuit just say that DPIAs are unconstitutional?

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 a challenging opportunity

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.

Fake reviews no more | The FTC’s new rule and what it means for AI and you

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.

AI issue spotting | The EEOC’s strong position on who is responsible for AI

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.

Existing and emerging individual rights across U.S. privacy laws

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.

AI issue spotting | AI litigation is coming to a courtroom near you

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.