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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 […]

Supporting Responsible Research and Data Protection
[…] on the value of data for research and strategies for oversight. FPF has shared model bill language with lawmakers developing comprehensive privacy laws in California, Washington, and Virginia to encourage them to both protect data-driven research and create oversight by requiring it to be approved, monitored, and governed by an independent oversight entity. Exploring […]

FPF announces appointment of Malavika Raghavan as Senior Fellow for India
The Future of Privacy Forum announces the appointment of Malavika Raghavan as Senior Fellow for India, expanding our Global Privacy team to one of the key jurisdictions for the future of privacy and data protection law. Malavika is a thought leader and a lawyer working on interdisciplinary research, focusing on the impacts of digitisation […]

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
[…] 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 as calls for mass riots. Below we provide a […]