When is a Biometric No Longer a Biometric?
In October 2021, the White House Office of Science and Technology (OSTP) published a Request for Information (RFI) regarding uses, harms, and recommendations for biometric technologies. Over 130 entities responded to the RFI, including advocacy organizations, scientists, experts in healthcare, lawyers, and technology companies. While most commenters agreed on core concepts of biometric technologies used […]
Diverging fining policies of European DPAs: is there room for coherent enforcement of the GDPR?
The European Union’s (EU) General Data Protection Regulation (GDPR) puts forward a non-exhaustive list of criteria in Article 83 that Data Protection Authorities (DPAs) need to consider when deciding whether to impose administrative fines and in determining their amount in specific cases. Notoriously, the ceiling for administrative fines put forward by the GDPR is high […]
The ebb and flow of trans-Atlantic data transfers: It’s the geopolitics, stupid!*
The following is a guest post to the FPF blog from Lokke Moerel, Professor of Global ICT Law at Tilburg University and a Dutch Cyber Security Council member. Guest blog posts do not necessarily reflect the views of FPF. 1. Introduction There is a call for a rational debate on trans-Atlantic data transfers. Frustrations increase […]
How the Kenyan High Court (temporarily) struck down the national digital ID Card: Context and Analysis
The High Court of Kenya, by virtue of a judicial review application, delivered a landmark judgment declaring the proposed national digital ID card (Huduma Card) unconstitutional on October 14, 2021 – a judgment that is now part of the growing data protection and privacy jurisprudence in the country. Kenya enacted its first Data Protection Act […]
Five Burning Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2022
Entering 2022, the United States remains one of the only major economic powers that lacks a comprehensive, national framework governing the collection and use of consumer data throughout the economy. An ongoing impasse in federal efforts to advance privacy legislation has created a vacuum that state lawmakers, seeking to secure privacy rights and protections for […]
Public Comments Surface Fault Lines in Expectations for New California Privacy Law
In November 2020, California voters adopted the California Privacy Rights Act (“CPRA”) ballot initiative, which was developed to strengthen and expand upon the underlying California Consumer Privacy Act (“CCPA”) that the state legislature adopted in 2018. While the CPRA provides for significant new consumer rights and responsible data processing obligations on covered businesses, many questions […]
Anita L. Allen
Simon McDougall
Data Sharing … By Any Other Name
There are many different uses of the term “data sharing” to describe a relationship between parties who share data from one organization to another organization for a new purpose. Some uses of the term data sharing are related to academic and scientific research purposes, and some are related to transfer of data for commercial or government purposes. ..it is imperative that we are more precise which forms of sharing we are referencing so that the interests of the parties are adequately considered, and the various risks and benefits are appropriately contextualized and managed.
The Future is Open: The U.S. Turns to Open Banking
FPF is pleased to work with a broad set of stakeholders on concepts around privacy and open banking. For more information on our new Open Banking Working Group and related projects, please contact Jeremy Greenberg: [email protected]. Introduction In July 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Executive […]