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Insights into the Future of Data Protection Enforcement: Regulatory Strategies of European Data Protection Authorities for 2021-2022
[…] trend to modernize their regulatory approach, several of them proposing sandboxes (e.g., the CNIL and the Norwegian DPA), and pushing for more self-regulation, like the adoption of Codes of Conduct. DPAs also plan on dedicating efforts to make GDPR compliance work in practice on a large scale by targeting the empowerment of DPOs and […]

Uniform Law Commission Finalizes Model State Privacy Law
[…] treatment. The Prefatory Note of a late-stage draft of the UPDPA notes that it seeks to avoid “the compliance and regulatory costs associated with the California and Virginia regimes.” Central to the framework, however, is a useful distinction between “compatible,” “incompatible,” and “prohibited” data practices, which moves beyond a purely consent model based on […]

Navigating Preemption through the Lens of Existing State Privacy Laws
[…] privacy laws currently on the books in the United States. Conversations around federal preemption inevitably focus on comprehensive laws like the California Consumer Privacy Act, or the Virginia Consumer Data Protection Act — but there are hundreds of other state privacy laws on the books that regulate commercial and government uses of data. In […]

India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
[…] liability and regulation of publishers of digital content have generated significant debate since their release in February 2021. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the Rules) have: recast the conditions to obtain ‘safe harbour’ from liability for online intermediaries, and unveiled an extensive regulatory regime for a newly […]

South Korea: The First Case Where the Personal Information Protection Act was Applied to an AI System
[…] and operate “Iruda.” Therefore, PIPC determined that ScatterLab processed the user’s personal information beyond the purpose of collection. In addition, ScatterLab posted its AI models on the code sharing and collaboration platform Github from October 2019 to January 2021, which included 1,431 KakaoTalk messages revealing 22 names (excluding last names), 34 locations (excluding districts […]

China: New Draft Car Privacy and Security Regulation is Open for Public Consultation
[…] The definitions of these three types of data mirror similar definitions in other Chinese laws or draft laws currently being considered for adoption, such as the Civil Code and, respectively, the Personal Information Protection Law and the Cybersecurity Law. Consistency across these laws indicates a harmonization of China’s emerging data governance regulatory model. Obligations […]

Automated Decision-Making Systems: Considerations for State Policymakers
[…] profiling and automated decision-making, following the passage of the GDPR. Lawmakers may also seek to ensure interoperability with the newly passed California Privacy Rights Act (CPRA) or Virginia Consumer Data Protection Act (VA-CDPA), both of which create requirements that impact automated decision-making, including profiling. Finally, the Federal Trade Commission enforces a number of laws […]

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 […]