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India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
[…] transmission of electronic records. The Rules introduce two new sub-categories, being: “social media intermediary” defined (in Rule 2(w)) as one who “primarily or solely enables online interaction between two or more users and allows them” to exchange information; and “significant social media intermediary” (SSMI) comprising social media intermediaries with more than five million registered […]

South Korea: The First Case Where the Personal Information Protection Act was Applied to an AI System
[…] development and services. PIPC’s investigation found that ScatterLab used KakaoTalk, a popular South Korean messaging app, messages collected by its apps “Text At” and “Science of Love” between February 2020 to January 2021 to develop and operate its AI chatbot “Iruda.” Around 9.4 billion KakaoTalk messages from 600,000 users were employed in training algorithms […]

China: New Draft Car Privacy and Security Regulation is Open for Public Consultation
[…] which includes: Data on the flow of people and vehicles in important sensitive areas such as military management zones, national defense science and industry units involving state secrets, and party and government agencies at or above the county level; Surveying and mapping data higher than the accuracy of the publicly released maps of the […]

Automated Decision-Making Systems: Considerations for State Policymakers
[…] certain practices may be appropriate only for some high-risk systems. The same requirements would be overly prescriptive or infeasible for systems powering ordinary, operational decision-making. Successfully distinguishing between high-risk use cases and those without significant, personal impact will be crucial to crafting tailored legislation that addresses the targeted, unfair outcomes without overburdening other applications. […]

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 […]

India: Massive overhaul of digital regulation, with strict rules for take-down of illegal content and Automated scanning of online content
On February 25, the Indian Government notified and published Information Technology (Guidelines for Intermediaries and Digital media Ethics Code) Rules 2021. These rules mirror the Digital Services Act (DSA) proposal of the EU to some extent, since they propose a tiered approach based on the scale of the platform, they touch on intermediary liability, content moderation, take-down […]

FPF Testifies on Maryland Student Data Privacy Bill
[…] be expanded by this legislation, to “provide expert recommendations on this topic help ensure the right balance.” Read Vance’s written testimony on HB 1062 here and watch the testimony here (add YouTube link teed up to the right time code). For more background on Maryland’s Student Data Privacy Council, statutorily created in 2019, click here.

Russia: New Law Requires Express Consent for Making Personal Data Available to the Public and for Any Subsequent Dissemination
[…] already entered into force on February 1st, 2021. Social networks are now required to monitor content and “restrict access immediately” of users that post information about state secrets, justification of terrorism or calls to terrorism, pornography, promoting violence and cruelty, or obscene language, manufacturing of drugs, information on methods to commit suicide, as well […]

CPDP2021 Event Recap: Bridging the Standards Gap
[…] in the design and the (default) configuration of technology placed on the market. Therefore, a key question for the panel discussion was: How to bridge the gap between releasing technical standards and embedding them into products and services available on the market? Facilitating Dialogue and Collaboration Between Policymakers and Technologists Paul Nemitz, Principal Advisor […]

FPF in 2020: Adjusting to the Unexpected
[…] Enhancing Technologies to Watch in the Next Decade white paper, co-authored by FPF CEO Jules Polonetsky and hacklawyER Founder Elizabeth Renieris, helped corporate officers, nonprofit leaders, and policymakers better understand the privacy risks that will grow to prominence during the 2020s, as well as rising technologies that will be used to help manage privacy through […]