Businesses Beware: Top Data Privacy Threats in 2026
Businesses Beware: Top Data Privacy Threats in 2026
Publish Date: 2026-03-14 00:05:00
Source Domain: labusinessjournal.com
PETER K. JACKSON
Attorney, Data Strategy & Privacy
[email protected] | (310) 785-6803
GreenbergGlusker.com
Data privacy risk is reaching critical mass in 2026 as “zombie” privacy claims, tougher state laws, and everyday AI use converge to create significant liability for companies. Here are some of the top data privacy threats to be mindful of in 2026 and beyond.
ZOMBIE PRIVACY CLAIMS ARE STILL UNDEAD
“Zombie” laws that predate 21st-century statutes remain among the biggest privacy threats today. While only the government can enforce newer laws like the California Consumer Privacy Act (CCPA) and its peers, these zombie laws open up class-action lawsuits and fixed, per-person fines. Claims under laws like ’60s-era California Invasion of Privacy Act (CIPA) argue that the common web tools on your website constitute surveillance devices or wiretap visitors.
If your company operates online and hasn’t faced a zombie claim, luck may soon run out. To date, producing the audit trails and visual artifacts necessary to backstop a claim has been a laborious process for the small group of law firms responsible for most claims. New software tools can scan websites and create evidence automatically.
As the floodgates open, courts may finally put up barriers. Until then, taking proper mitigation steps can reduce your risk profile without sacrificing the tools that power your sales & marketing.
OUTBOUND AI REQUESTS CREATE INPUT PERIL FOR PRIVACY & IP
By now, many companies license paid AI tools, but standard license terms and an internal AI Use Policy are far from airtight. An AI tool’s contractual commitment not to train on our data isn’t a confidentiality obligation. Most businesses send sensitive and proprietary input to a destination unknown. Hosted models in a dedicated cloud can manage that threat. Beyond that, employees may be using unlicensed or personal AI tools to meet their needs, which can create risks that a company is not aware of.
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