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The “Neural Data” Goldilocks Problem: Defining “Neural Data” in U.S. State Privacy Laws
[…] can reveal stress or arousal). It also means that an incredibly broad swath of data could be considered neural data: the movement of a computer mouse or use of a smartwatch may technically constitute, under certain definitions, neural data. As such, there is a significant difference between laws that cover both CNS and PNS […]

FPF at PDP Week 2025: Generative AI, Digital Trust, and the Future of Cross-Border Data Transfers in APAC
[…] nor ungoverned, as policymakers are actively working to develop both soft and hard regulations for AI and to clarify how existing data protection laws apply to its use. Josh presented on global AI governance, highlighting the rapid legislative changes in the APAC region over the past six months, and comparing developments in South Korea, […]

Balancing Innovation and Oversight: Regulatory Sandboxes as a Tool for AI Governance
[…] that offer participating organizations the opportunity to experiment with emerging technologies within a controlled environment, usually combining regulatory oversight with reduced enforcement. Sandboxes often encourage organizations to use real-world data in novel ways, with companies and regulators learning how new data practices are aligned – or misaligned – with existing governance frameworks. The lessons […]

Practical Takeaways from FPF’s Privacy Enhancing Technologies Workshop
[…] discussed the benefits related to privacy and broader compliance requirements this technique captures. To learn more about the presentation and discussion, download FPF’s new Issue Brief, PETs Use Case: Preventing Financial Fraud Across Different Jurisdictions with Fully Homomorphic Encryption. The second PET presentation by Robert Pisarczyk, CEO and Co-Founder of Oblivious, was an overview […]

Data-Driven Pricing: Key Technologies, Business Practices, and Policy Implications
In the U.S., state lawmakers are seeking to regulate various pricing strategies that fall under the umbrella of “data-driven pricing”: practices that use personal and/or non-personal data to continuously inform decisions about the prices and products offered to consumers. Using a variety of terms—including “surveillance,” “algorithmic,” and “personalized” pricing—legislators are targeting a range of […]

Tech to Support Older Adults and Caregivers: Five Privacy Questions for Age Tech
[…] narrowly on specific types of health data individually or in tandem with AI or other technologies. For example, mental health chatbots (Utah HB452), reproductive health data ( Virginia SB754), or AI disclosures in clinical settings (California AB3030). Other bills and laws have broad definitions that include location, movement, and voice data, all common types […]

Nature of Data in Pre-Trained Large Language Models
[…] from names in the training corpus. These may be used in combination to form names and may also be used to form email addresses (since many people use a variation of their names for their email address) and possibly even street names (since names are often named after famous individuals). The LLM is able […]

Malaysia Charts Its Digital Course: A Guide to the New Frameworks for Data Protection and AI Ethics
[…] guidance on other existing transfer mechanisms under the PDPA, such as the conditions for valid consent and determining when transfers are “necessary.” Additionally, the Guideline allows the use of binding corporate rules (BCRs) for intra-group transfers, standard contractual clauses (SCCs) for transfers between unrelated parties, and certifications from recognized bodies as evidence of adequate […]

Understanding Japan’s AI Promotion Act: An “Innovation-First” Blueprint for AI Regulation
[…] technologies” in Japan. This term refers to technologies that replicate human intellectual capabilities like cognition, inference, and judgment through artificial means, as well as the systems that use them. This non-technical definition appears to be designed for flexibility and longevity. Notably, the law proposes a unique approach to defining the scope of covered AI […]

The Connecticut Data Privacy Act Gets an Overhaul (Again)
[…] describe secondary uses that are not reasonably necessary to or compatible with the purposes previously disclosed to the consumer, and (2) factors to determine when a secondary use is a “material new purpose.” These factors include the consumer’s reasonable expectations at the time of collection, the link between new purpose and the original purpose, […]