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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 […]

New Report on Limits of “Consent” in China’s Data Protection Law – First in a Series for Joint Project with Asian Business Law Institute
[…] Republic of China. Over the coming weeks, FPF and ABLI will continue publishing these reports, which will inform a forthcoming comparative review paper with detailed recommendations to promote legal convergence around requirements for processing personal data in the Asia Pacific region. Background on the ABLI/FPF Project In August 2021, ABLI and FPF concluded a […]

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 […]

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 […]

5 Tips for Protecting Your Privacy Online
[…] and then shared or sold to another. While data collection can offer benefits to both you and businesses – like connecting with friends, getting directions, or sales promotions – it can also be used in ways that are intrusive – unless you take control. There are many ways you can protect your personal data […]

Addressing the Intersection of Civil Rights and Privacy: Federal Legislative Efforts
[…] as an unfair and deceptive practice through the FTC, taking into consideration factors like predatory or manipulative practices that harm marginalized populations, as well as methods for promoting diversity and inclusion of small businesses owned by underrepresented populations, amongst others. We anticipate that the debate regarding the scope and substance of civil rights protections […]

12th Annual Privacy Papers for Policymakers Awardees Explore the Nature of Privacy Rights & Harms
[…] authors will join FPF staff to present their work at a virtual event with policymakers from around the world, academics, and industry privacy professionals. The event will be held on February 10, 2022, from 1:00 – 3:00 PM EST. The event is free and open to the general public. To register for the event, visit https://bit.ly/3qmJdL2.