Top Privacy and AI Developments of 2026: Midyear Report

Consumer protection attorney Kwamina Williford was quoted in a Law360 article recapping the most notable legal developments in the data privacy and artificial intelligence (AI) space throughout the first six months of 2026. From enactments of new state privacy laws to the U.S. Supreme Court's ruling authorizing the president to remove the heads of independent federal agencies, the first half of the year brought relevant updates both in the legislature and the courtroom. Ms. Williford commented on the increased scrutiny of surveillance pricing, in which companies utilize AI, machine learning and consumer data to set prices. She explained that because surveillance pricing can affect a broad swath of everyday purchases, from food to travel, and because it relies on personal or sensitive data, the practice has drawn more attention than other cost-tailoring methods such as dynamic pricing. States including Maryland and Colorado have passed legislation limiting the use of consumers' personal data to establish individualized prices, and businesses have faced private lawsuits among other litigation risks.

"Using data to inform pricing is nothing new, but the issue lies with personalizing prices based on someone's individual patterns," she said. "That confluence of factors is what has caused state entities and others to take a closer look at the issue and try to understand and control what companies are doing in terms of tracking data and setting prices."

Ms. Williford added that despite these developments, companies can still generally turn to existing anti-discriminatory prohibitions, competition laws, and bans on unfair and deceptive practices to guide their foray into this field and maintain compliance and accountability before consumers and regulators.

READ: Top Privacy and AI Developments of 2026: Midyear Report (Subscription required)