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FPF at CPDP 2022: Panels and Side Events
[…] FPF’s Gabriela Zanfir-Fortuna. She started early in a speaking role on a panel about ‘Data Protection Regulation Post-COVID: the Current Landscape of Discussions in Europe, the US, India and Brazil’, organized by Data Privacy Brasil (DPB) and moderated by DPB’s Bruno Bioni. The session, during which Gabriela offered the US perspective on the matter, […]

New Report on Limits of “Consent” in China’s Data Protection Law – First in a Series for Joint Project with Asian Business Law Institute
[…] to recognize the limitations of consent, especially in the digital space. To highlight a few examples: In 2018, a report of a Committee of Experts on a Free and Fair Digital Economy in India described the operation of notice and consent on the internet as “broken” and questioned whether consent alone could be an […]

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?
[…] regulator may reduce the fine. Additionally, the ICO is bound by national law to assess the fine’s broader economic impact, as it must consider the desirability of promoting economic growth. Thus, before issuing a fine and when deciding on its amount, it will consider its economic impact on the wider sector where the infringer […]

How the Kenyan High Court (temporarily) struck down the national digital ID Card: Context and Analysis
[…] registered persons, violated section 31 of the KDPA. Section 31 provides that “where a processing operation is likely to result in high risk to the rights and freedoms of a data subject, by virtue of its nature, scope, context and purposes, a data controller or data processor shall, prior to the processing, carry out […]

BCI Commercial and Government Use: Gaming, Education, Employment, and More
This post is the third in a four-part series on Brain-Computer Interfaces (BCIs), providing an overview of the technology, use cases, privacy risks, and proposed recommendations for promoting privacy and mitigating risks associated with BCIs. Click here for FPF and IBM’s full report: Privacy and the Connected Mind. In case you missed them, read […]

The State of Play – Issue Brief: COPPA 101
[…] and the FTC’s latest review of the COPPA rule is ongoing, with a draft rule expected at some point in 2022. Policymakers must understand the current state of play for kids online as they continue to have these important discussions, and we welcome the opportunity to discuss these issues further. Please feel free to contact us here at any time.

Understanding why the first pieces fell in the transatlantic transfers domino
[…] a common approach of DPAs on this issue: “it is essential that European regulators have a common interpretation of the rules”, since data protection law “intends to promote the internal market”. In the end, the DPAs are applying findings from a judgment made by the CJEU, which has ultimate authority in the interpretation of […]