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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
[…] audience and traditionally do not host content directed to minors. This uncertainty would likely be exacerbated by ADCA’s applicability to teens; some organizations could struggle to distinguish between services likely to be accessed by 17-year-olds and services likely to be accessed only by those 18 and older. Baroness Beeban Kidron, an architect of the […]

New Report on Limits of “Consent” in China’s Data Protection Law – First in a Series for Joint Project with Asian Business Law Institute
[…] to recognize the limitations of consent, especially in the digital space. To highlight a few examples: In 2018, a report of a Committee of Experts on a Free and Fair Digital Economy in India described the operation of notice and consent on the internet as “broken” and questioned whether consent alone could be an […]

When is a Biometric No Longer a Biometric?
[…] minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. Virginia §59.1-571 “Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological […]

BCI Commercial and Government Use: Gaming, Education, Employment, and More
[…] and employ a number of techniques for collecting neurodata and modulating neural signals. Neurodata is data generated by the nervous system, which consists of the electrical activities between neurons or proxies of this activity. This neurodata may be “personal neurodata” if it is reasonably linkable to an individual. II. BCIs are Entering into the […]

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
[…] in the second week of January 2022 found that two websites, one run by a contractor of the European Parliament (EP), and the other one by an Austrian company, have unlawfully transferred personal data to the US merely by placing cookies (Google Analytics and Stripe) provided by two US-based companies on the devices of […]

5 Tips for Protecting Your Privacy Online
[…] 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 […]

Five Burning Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2022
[…] their constituents, are actively working to fill. Last year we saw scores of comprehensive privacy bills introduced in dozens of states, though when the dust settled, only Virginia and Colorado had joined California in successfully enacting new privacy regimes. Now, at the outset of a new legislative calendar, many state legislatures are positioned to […]

Addressing the Intersection of Civil Rights and Privacy: Federal Legislative Efforts
[…] Advocates’ Goals Most proposals have not gone as far as some civil rights advocates have proposed. For example, the Lawyers’ Committee for Civil Rights Under Law and Free Press introduced a comprehensive Model Bill in March 2019, that would not only would prohibit discrimination in economic opportunities (housing, employment, credit, insurance, or education) and […]