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New Report on Limits of “Consent” in New Zealand’s Data Protection Law
[…] the Act. The Act also empowers the Commissioner to, firstly, investigate complaints regarding entities’ privacy practices, resolve disputes, and issue binding compliance notices, and secondly, issue binding codes of practice in relation to specific sectors or classes of personal information. In 2012, New Zealand also became one of the few jurisdictions in APAC that […]

When is a Biometric No Longer a Biometric?
[…] No. 16 C 10984 (N.D. Ill. Sep. 15, 2017); In re Facebook Biometric Info. Privacy Litig., 185 F. Supp. 3d 1155 (N.D. Cal. 2016). Washington Wash. Rev. Code Ann. §19.375.020 “Biometric identifier” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique […]

Diverging fining policies of European DPAs: is there room for coherent enforcement of the GDPR?
[…] has implemented the protective measures that it was expected to, considering the nature, purposes, and extent of the processing, but also current best practices (industry standards and codes of conduct). If so, this should be taken as a mitigating circumstance in the fine’s calculation. Article 83(2)(e) GDPR: any relevant previous infringements by the controller […]

New FPF Report: Demystifying Data Localization in China – A Practical Guide
[…] Choose the transfer mechanism Step 8 – Check whether an international treaty or agreement is applicable Step 9 – Obligations for Entrusted Processors (委托处理) Step 10 ( bonus) – Determine whether the transfer is compelled by a foreign judicial or law enforcement body The Report also contains an annexed Flowchart with a summary of […]

BCI Commercial and Government Use: Gaming, Education, Employment, and More
[…] Beyond laws and agency enforcement, voluntary self-regulation also impacts the use of BCIs. Neuromarketing is an example of this, where the Neuromarketing Science & Business Association’s (NMSBA’s) Code of Ethics identifies several commitments ranging from consent and transparency that organizations should follow when using BCIs for neuromarketing purposes. V. Conclusion Commercial and government BCIs […]

Understanding why the first pieces fell in the transatlantic transfers domino
[…] and Members did not require any form of payment”. However, the EP also confirmed that the dedicated COVID-19 testing website, which was built by its contractor, copied code from another website run by the same contractor, and “the parts copied included the code for a cookie from Stripe that was used for online payment […]

5 Tips for Protecting Your Privacy Online
[…] first authentication is the normal username and password combination that has been used for years. The second factor is either a text message or email including a code that is sent to a personal device. This added step makes it harder for malicious actors to gain access to your accounts. Two-factor authentication only adds […]

Overcoming Hurdles to Effective Data Sharing for Researchers
[…] National Science Foundation (NSF), or researchers’ professional institutions should play or if all of them should play a role in enforcing these standards. Having access to the code used to process data represents another barrier to research. It isn’t easy to replicate experiments and make discoveries without interoperability and code sharing. There was agreement […]

Event Report from DigitalxADB: Driving Digital Development across Asia and the Pacific
[…] the Asia Pacific region. While initially there was not a lot of interest in APPA’s work, there definitely is now: British Columbia, which is home to APPA’s Secretariat and does approximately $14 billion worth of export trade with Pacific Rim countries, has come to recognize the importance of data protection to digital trade, and […]

Five Things Lawyers Need to Know About AI
[…] Moreover, academic research and open-source software addressing algorithmic bias is often published without serious consideration of applicable laws. So, organizations should take care to ensure that their code and governance practices with respect to identifying and mitigating bias have a firm basis in applicable law. Organizations are also at risk of over-indexing on bias […]