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Uniform Law Commission Finalizes Model State Privacy Law
This month, the Uniform Law Commission (ULC) voted to approve the Uniform Personal Data Protection Act (UPDPA), a model bill designed to provide a template for uniform state privacy legislation. After some final amendments, it will be ready to be introduced in state legislatures in January 2022. The ULC has been engaged in an effort […]

Event Recap: Dublin Privacy Symposium 2021, Designing for Trust: Enhancing Transparency & Preventing User Manipulation
[…] sometimes, less is more, especially when it comes to more fine-grained datasets. In the speaker’s view, it should be the privacy community’s duty to convey such a message to their boards and clients. To learn more, watch the recording of the event. Other resources: Highlights of FPF’s March 2021 event Manipulative UX Design and […]

Manipulative Design: Defining Areas of Focus for Consumer Privacy
In consumer privacy, the phrase “dark patterns” is everywhere. Emerging from a wide range of technical and academic literature, it now appears in at least two US privacy laws: the California Privacy Rights Act and the Colorado Privacy Act (which, if signed by the Governor, will come into effect in 2025). Under both laws, companies […]

India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
[…] foreign relations or to public order. SSMIs have to follow substantially more onerous “additional due diligence” requirements to claim the intermediary safe harbour (including mandatory traceability of message originators, and proactive automated screening as discussed below). These new requirements raise privacy concerns and data security concerns, as they extend beyond the traditional ideas of […]

South Korea: The First Case Where the Personal Information Protection Act was Applied to an AI System
[…] on personal information processing and legal and technical perspectives on AI development and services. PIPC’s investigation found that ScatterLab used KakaoTalk, a popular South Korean messaging app, messages collected by its apps “Text At” and “Science of Love” between February 2020 to January 2021 to develop and operate its AI chatbot “Iruda.” Around 9.4 […]

Automated Decision-Making Systems: Considerations for State Policymakers
In legislatures across the United States, state lawmakers are introducing proposals to govern the uses of automated decision-making systems (ADS) in record numbers. In contrast to comprehensive privacy bills that would regulate collection and use of personal information, automated decision-making system (ADS) bills in 2021 specifically seek to address increasing concerns about racial bias or […]

A New Era for Japanese Data Protection: 2020 Amendments to the APPI
[…] (including Mr. Akira Amari, Chairperson of the Rule-Making Strategy Representative Coalition of the Liberal Democratic Party of Japan) sent the PPC and other relevant Government ministries strongly-worded messages urging immediate action with respect to LINE, and more broadly, calling for a risk assessment to be conducted vis-à-vis all personal information transfers to China by […]

India: Massive overhaul of digital regulation, with strict rules for take-down of illegal content and Automated scanning of online content
[…] sharing information that “belongs to another person and to which the user does not have any right”, “deceives or misleads the addressee about the origin of the message”, “is patently false and untrue” or “is harmful to minors” (see rules 4(1)(b) and (f)). All intermediaries will have to provide information to authorities for the purpose of […]

Understanding Interconnected Local and Global Data Flows
International data flows have been top of mind in the past year for digital rights advocates, companies and regulators, particularly international transfers following the Schrems II judgment of the Court of Justice of the EU from last July. As data protection authorities assess how to use technical safeguards and contractual measures to support data flows […]

Emerging Patchwork or Laboratories of Democracy? Privacy Legislation in Virginia and Other States
Stacey Gray, Pollyanna Sanderson & Samuel Adams In the absence of federal privacy legislation, U.S. states are weighing in. In Virginia, the “Consumer Data Protection Act” (“CDPA”) (HB 2307 / SB 1392) could be signed into law within weeks, and if passed, would take effect on Jan. 1, 2023. If the law passes, it would […]