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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 […]

California Age-Appropriate Design Code Aims to Address Growing Concern About Children’s Online Privacy and Safety
[…] graduate of USC Gould School of Law and a Student Contractor with FPF’s Youth and Education Privacy team. On May 26, 2022, AB-2273, the California Age-Appropriate Design Code Act (ADCA) unanimously passed the California Assembly and moved to the Senate for consideration. California Assembly Members Buffy Wicks (D-Oakland) and Jordan Cunningham (R-Templeton) proposed AB-2273, […]

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?
[…] 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 […]

Reading the Signs: the Political Agreement on the New Transatlantic Data Privacy Framework
[…] leitmotif of the announcement, as the first EU Data Protection Authority to react to the announcement was the European Data Protection Supervisor, who wrote that he “ Welcomes, in principle”, the announcement of a new EU-US transfers deal – “The details of the new agreement remain to be seen. However, EDPS stresses that a […]

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
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 […]