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Manipulative Design: Defining Areas of Focus for Consumer Privacy
[…] examples of dark patterns are both clear and harmful, such as a design that tricks users into making recurring payments, or a service that offers a “ free trial” and then makes it difficult or impossible to cancel. In other cases, the presence of “nudging” may be clear, but harms may be less clear, […]

ITPI Event Recap – The EU Data Strategy and the Draft Data Governance Act
[…] the fact that the DGA and PSD2 have diverging models for fostering data-based innovation: as an illustration, while PSD2 mandates banks to share customer data with fintechs, free of charge and upon the customer’s contractual consent, the DGA centres around voluntary data sharing, for which public bodies may charge fees and data subjects are […]

India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
[…] liability and regulation of publishers of digital content have generated significant debate since their release in February 2021. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the Rules) have: recast the conditions to obtain ‘safe harbour’ from liability for online intermediaries, and unveiled an extensive regulatory regime for a newly […]

South Korea: The First Case Where the Personal Information Protection Act was Applied to an AI System
[…] and operate “Iruda.” Therefore, PIPC determined that ScatterLab processed the user’s personal information beyond the purpose of collection. In addition, ScatterLab posted its AI models on the code sharing and collaboration platform Github from October 2019 to January 2021, which included 1,431 KakaoTalk messages revealing 22 names (excluding last names), 34 locations (excluding districts […]

Talking to Kids About Privacy: Advice from a Panel of International Experts
[…] kids at a young age, and to get beyond the common but too simple advice to not share personal information online. Common Sense’s Digital Citizenship Curriculum provides free lesson plans to address timely topics and prepare students to take ownership of their digital lives by grade and topic. She also emphasized the important role […]

China: New Draft Car Privacy and Security Regulation is Open for Public Consultation
[…] The definitions of these three types of data mirror similar definitions in other Chinese laws or draft laws currently being considered for adoption, such as the Civil Code and, respectively, the Personal Information Protection Law and the Cybersecurity Law. Consistency across these laws indicates a harmonization of China’s emerging data governance regulatory model. Obligations […]

Automated Decision-Making Systems: Considerations for State Policymakers
[…] religion, health conditions, or other highly personal information). In some cases, non-sensitive data can act as a “proxy” for sensitive information (such as the use of zip code as a proxy for race). Data may also be obtained from sources of varying quality, accuracy, or ethical collection, for example: public records, government collection, regulated […]

A New Era for Japanese Data Protection: 2020 Amendments to the APPI
[…] they were collected. The 2020 Amendments and amended PPC Rules model the pseudonymization process on anonymization, requiring the removal of any (i) description, (ii) unique ‘personal identification code’ (as defined in the APPI), and (iii) information relating to the processing method performed to enable the removal of (i) and (ii) above. The immediate result […]