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[…] for access to your location data. Do they need it for some reason that is obvious, like helping you with directions or showing your nearby friends? Feel free to say no. And be aware that location data is often used to tailor ads and recommendations based on locations you have recently visited. Allowing access […]

[…] Law School This paper critically elaborates the “Black Opticon” — the discriminatory oversurveillance, discriminatory exclusion and discriminatory predation African Americans face online. The paper considers whether the Virginia Consumer Data Protection Act (2021), the Federal Data Protection Act (2021) and new resources for the Federal Trade Commission possibly meet imperatives of a race-conscious African […]

[…] state privacy laws and federal draft bills. Manipulative design has important implications for consumer privacy. User consent obtained through manipulation, because it is neither “informed” nor “ freely-given,” undermines the basis of any notice and consent regime for data collection, use, and sharing. Platforms intending to employ manipulative design techniques can be incentivized to […]

[…] The Hill and Lawfare editorials respectively. In addition to federal privacy legislation, 2022 also saw the introduction of consumer privacy laws in Utah and Connecticut, joining California, Virginia, and Colorado. Last month, FPF urged the Federal Trade Commission to prioritize practical rules that clearly define individuals’ rights and companies’ responsibilities in our filed comments […]

[…] because the regulation of data privacy and security is a “major question” best served through Congress. These comments focused on the Supreme Court’s 2022 ruling in West Virginia v. EPA, holding that regulatory agencies, absent clear congressional authorization, cannot issue rules on major questions that affect a large portion of the American economy. Several […]

[…] remarks on state-level legislation focusing on the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), adding that Colorado, Connecticut, Utah, and Virginia have similar laws. She elaborated on the CPRA’s contractual language, comparing California’s categorization of “Businesses,” “Contractors,” “Third Parties,” and “Service Providers” to the GDPR’s distinction between […]

[…] Rights Act (CPRA) ballot initiative expanded California’s privacy regime, establishing heightened protections for certain sensitive personal information and providing a right to correct inaccurate data. In 2021, Virginia (VCDPA) and Colorado (CPA) enacted laws that are notable for creating ‘opt-in’ affirmative consent requirements in addition to California-style ‘opt-out’ privacy rights. Finally, in 2022, Connecticut […]

[…] comparing the California Age-Appropriate Design Code Act (AADC), a first-of-its-kind privacy-by-design law in the United States, and the United Kingdom’s Age-Appropriate Design Code. While there are distinctions between the two codes, the California AADC, which is set to become enforceable on July 1, 2024, was modeled after the UK’s version and represents a significant […]

[…] (Art 5)  This right expresses the ‘principle of transparency’ found under Article 16(2)(a); The right to access and obtain a copy of the data subject’s personal data free of charge, except for certain conditions that require a fee. (Art 7);  A right to rectification in which the data subject may complete, update, or correct […]

[…] Education team is pleased to publish a new policy brief that builds on this first brief by providing a comparative analysis of the United Kingdom’s Age Appropriate Design Code (UK AADC) to the California AADC, which was modeled after the UK AADC. Learn more and download the UK and CA AADC Comparative policy brief here.  New report […]