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[…] sometimes longer. According to the discussion paper, the FDA strives to “facilitate innovation while safeguarding public health” and plans to develop a “flexible risk-based regulatory framework that promotes innovation and protects patient safety.” Lesson 2: Different uses of data may implicate different regulatory structures While there can be uncertainty regarding whether particular data, such […]

[…] sometimes longer. According to the discussion paper, the FDA strives to “facilitate innovation while safeguarding public health” and plans to develop a “flexible risk-based regulatory framework that promotes innovation and protects patient safety.” Lesson 2: Different uses of data may implicate different regulatory structures While there can be uncertainty regarding whether particular data, such […]

[…] Law on ADM, A Global Perspective with Lessons from Case-Law.” In addition, our global experts provided analysis on privacy and data protection developments in Vietnam, Nigeria, Australia, Tanzania, and the African Union and published an overview comparing three regional model contractual frameworks for cross-border data transfers. U.S. Legislative Activity In 2023, FPF played a […]

[…] e-Safety Commissioner Several participants found deficits in the length and scope of the public consultation available throughout the process Participants identified several potential benefits of an industry code beyond its intended scope Participants broadly opposed any approach that would require otherwise encrypted messaging services to utilize content hashing and/or client-side scanning  Many participants discussed […]

[…] the year that the public first experiences widespread enforcement of their new privacy rights? One structural reason for a lack of visible enforcement actions may be that Virginia, Colorado, Connecticut, and until recently, California all provide the ability for businesses to ‘cure’ many or all alleged violations of their privacy laws before a formal […]

[…] considered show four primary categories of laws being considered by state regulators: Platform Accountability Laws, Age Verification Laws, Social Media Metering Laws, and the California Age-Appropriate Design Code (CA AADC). In recent actions, the Federal Trade Commission has stepped up enforcement of the Children’s Online Privacy Protection Act (COPPA). Finally, the U.S. Congress has […]

Expert Working Group Focused on AI in Employment Launches Best Practices that Promote Non-Discrimination, Human Oversight, Transparency, and Additional Protections.   Today, the Future of Privacy Forum (FPF), with ADP, Indeed, LinkedIn, and Workday — leading hiring and employment software developers — released Best Practices for AI and Workplace Assessment Technologies. The Best Practices guide […]

[…] personal data generated through such tools are accurate, complete and up-to-date, free from discriminatory, unlawful, or otherwise unjustifiable effects. Other areas of concern mentioned were transparency to promote openness and explainability; production of technical documentation across the AI development lifecycle; technical and organizational measures in the application of the rights of individuals such as […]

[…] to protect individuals in relation to how their personal data is processed, ensuring that such processing respects their fundamental rights, while at the same time seeking to promote the free movement of personal data within the EU.   While the two regulations do not have the same taxonomy of regulated actors, the broad scope of […]

[…] Valid Consent Has Strict Requirements, Is Withdrawable, And Can be Exercised Through Consent Managers The DPDP Act requires that consent for processing of personal data be “ free, specific, informed, unconditional and unambiguous with a clear affirmative action.” These conditions are similarly strict to those required under the GDPR, highlighting that the people whose […]