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Judge declares Buenos Aires’ Fugitive Facial Recognition System Unconstitutional
[…] the court concluded an amparo action would provide an effective and timely remedy, as opposed to the contentious administrative procedure set forth in the Administrative and Tax Code. Additionally, as a constitutional recourse, an amparo action allowed the court to study the constitutionality of the incorporation of the SRFP into Buenos Aires’ public security […]

FPF Participates in FTC Event on “Commercial Surveillance and Data Security” Proposed Rulemaking
[…] outside the U.S. to evaluate the merits of different regulatory approaches. She specifically highlighted the privacy interests of children and the United Kingdom’s recent Age Appropriate Design Code, which includes transparency and data minimization standards. Mr. Erwin also highlighted the need to protect childrens’ privacy, while cautioning that some approaches can result in “privacy […]

Age-Appropriate Design Code Passes California Legislature
Update: On Sep 15, 2022, California Governor Gavin Newsom signed AB 2273, the California Age-Appropriate Design Code Act. The law will apply to businesses that provide online services, products, or features likely to be accessed by children and broadly requires businesses to implement their strongest privacy settings by default for young users up to the age […]

ETSI’s consumer IoT cybersecurity ‘conformance assessments’: parallels with the AI Act
In early September 2021, the European Telecommunications Standards Institute (ETSI) published its European Standard to lay down baseline cybersecurity requirements for Internet of Things (IoT) consumer products (ETSI EN 303 645 V2.1.1). The Standard is a recommendation to manufacturers to develop IoT devices securely from the outset. It also provides an internationally recognized benchmark – […]

Introduction to the Conformity Assessment under the draft EU AI Act, and how it compares to DPIAs
[…] risks’ (which trigger a set of stringent obligations, including conducting a CA), ‘limited risks’ (with associated transparency obligations), to ‘minimal risks’ (where stakeholders are encouraged to build codes of conduct). The draft AIA is being introduced in an already existing system of laws that regulate products and services intended to be placed on the […]

FPF at CPDP LatAm 2022: Artificial Intelligence and Data Protection in Latin America
[…] secrecy claims are not able to prevent individuals from effectively exercising their privacy rights. Panelists discussed issues such as the necessity of disclosing application or software source code when providing “explainability” of decision-making to data subjects, and debated the level of detail necessary in disclosures required under transparency obligations. Ms. Demetzou focused on how […]

New Report on Limits of “Consent” in Vietnam’s Data Protection Law
[…] the fundamental level, Vietnam’s Constitution provides for an inviolable right to privacy and legal protection of information regarding personal privacy and personal and familial secrecy. The Civil Code gives expression to these rights in a limited manner by, among others, requiring an individual’s consent for collection, use, retention, or publication of information about that […]

New Report on Limits of “Consent” in Malaysia’s Data Protection Law
[…] the disclosure of personal data held by certain regulated entities (e.g., providers of financial services, medical practitioners), the PDP Commissioner has approved and registered seven Personal Data Codes of Practice, which provide more detailed requirements for entities in certain sectors to comply with the PDPA. These sectors include: insurance and takaful; banking and finance; […]

Future of Privacy Forum and Israel Tech Policy Institute Cyber Week Delegation, 2022
[…] complexity of the issue. Key comments included focusing on increased consumer demand and expectations of privacy, concerns about data localization, and insights on positive developments in technology coexisting with opportunities to improve regulation. Audience questions further sparked discussion on the complexity of regulating smaller entities within the space, and the importance of cost-benefit analysis […]

New Report on Limits of “Consent” in Australia’s Data Protection Law
[…] Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021” (Online Privacy Bill) which, if passed, would complement the Privacy Act by introducing a binding online privacy code with which social media and other online platforms would have to comply, or face legal penalties. The status of the Online Privacy Bill is currently uncertain […]