AI in Healthcare, FTC Actions on GM and Genshin Impact

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

1. California AG Issues Advisory on AI in Healthcare
   On January 13, 2025, California Attorney General Rob Bonta issued an advisory for healthcare entities leveraging AI. Key guidelines include:
   ➡ Ensuring compliance with HIPAA and CCPA.
   ➡ Reducing bias in AI predictions and decision-making processes.
   ➡ Safeguarding patient privacy and sensitive data, such as reproductive health.
   ➡ Focusing on transparency and obtaining informed consent.
   The advisory stresses patient autonomy and equitable outcomes while warning of strict enforcement for non-compliance.
2. Our Take:
   As AI reshapes industries, ethical challenges must be addressed. At Fairpatterns, we are committed to promoting responsible AI design that emphasizes fairness, transparency, and sustainability. Our services, such as Dark Pattern Screening, Fair User Lab, and Legal Document Design, enable organizations to innovate responsibly without compromising user well-being.
3. Read more
4. FTC Takes Action Against GM for Deceptive Data Practices
   On January 16, 2025, the FTC took enforcement action against GM and OnStar over deceptive practices involving geolocation and driving data. Allegations include:
   ➡ Using dark patterns to enroll users in OnStar’s Smart Driver feature without proper disclosure.
   ➡ Selling driving data without user consent, affecting insurance rates.
   The FTC’s order bans data sharing for five years, mandates explicit consent for data collection, and requires clear data management options for consumers. This is the FTC’s first enforcement action involving connected vehicle data.
5. Read more
6. FTC Cracks Down on Genshin Impact Developer for Dark Patterns and COPPA Violations
   On January 17, 2025, HoYoverse, developer of Genshin Impact, settled an FTC case for $20 million. Allegations include:
   ➡ Collecting data from children under 13 without parental consent, violating COPPA.
   ➡ Misleading players with deceptive loot box odds.
   As part of the settlement, HoYoverse must:
   ➡ Disclose loot box odds.
   ➡ Ensure transparent pricing for in-game purchases.
   ➡ Obtain parental consent for underage users.

FTC Statement:
“Companies that deploy these dark-pattern tactics will be held accountable if they deceive players, particularly kids and teens, about the true costs of in-game transactions.” – Samuel Levine, FTC Consumer Protection Director

At Fairpatterns, we advocate for ethical gaming practices and help companies eliminate dark patterns, ensuring transparent and honest user experiences.

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Conclusion:

From California’s AI healthcare advisory to the FTC’s enforcement actions against GM and HoYoverse, this week’s developments emphasize the need for transparency, user protection, and ethical design practices. At Fairpatterns, we’re dedicated to driving accountability and fairness in the digital world.

Let’s work together to build a digital future rooted in fairness, equity, and trust. Have a fantastic week with Fair Monday!