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[…] in the scheme is not only going to slow down the process, but the drivers are also going to miss the notification, or fail to complete their registration. In such cases, for Gojek the most adequate legal basis to get the drivers registered would be its “legitimate interests” as an employer, together with clear […]

[…] Chinese law. This chapter is emblematic of the diversity of the objectives pursued by the text as described earlier. In these provisions, the legislator seeks both to promote responsible data transfers that respect the rights and interests of Chinese citizens, on the model of other provisions relating to transfers in “traditional” data protection laws, […]

[…] economic, and professional opportunities. If regulation is to be effective, it should focus on both technical details and the underlying values and rights that must be protected from adverse uses of AI, to ensure that AI is ultimately used to promote human dignity and welfare. A .pdf version of the printed paper is available here.

[…] to unauthorized individuals. Security best practices require that authentication be accomplished via a multi-factor system, requiring two of the three options: something you know (password or pin code, security question), something you have (a smart card, specific mobile device, or USB token), or something you are (a biometric).  Once an ID holder is authenticated, […]

[…] an adequacy decision with the EU, Chile is in the process of adopting a data protection law but still has a long way to go, while Peru, Ecuador and Colombia are trying to modernize their laws.  The American Convention of Human Rights recognises a right to privacy and a right to intimacy, but there […]

[…] 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 […]

[…] 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 […]

[…] 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 […]

[…] 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 […]

[…] 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 […]