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Now, On the Internet, EVERYONE Knows You’re a Dog
[…] transcripts or awarded degrees, provide your health records, or access your online accounts and stored data. This sort of credentialing program can also act as an electronic signature, timestamp, or seal for financial and legal transactions. There are a variety of technologies being explored to provide this type of platform, although there is no […]
Insights into the Future of Data Protection Enforcement: Regulatory Strategies of European Data Protection Authorities for 2021-2022
[…] enforcement action in these areas. DPAs seem committed to tackling the privacy and data protection risks posed by the uptake of AI/ML technologies across society, in a sign that the AI Regulation proposed by the European Commission will merely complement protections that are already in place for individual rights. The Bulgarian DPA will focus […]
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 […]
Manipulative Design: Defining Areas of Focus for Consumer Privacy
[…] on manipulative design in at least three contexts of consumer privacy: (1) Youth & Education; (2) Online Advertising and US Law; and (3) GDPR and European Law. SIGN UP FOR FPF EMAIL TO RECEIVE UPDATES As lawmakers address this issue, we identify at least four distinct areas of concern: Designs that cause concrete physical […]
India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
Author: Malavika Raghavan India’s new rules on intermediary 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 […]
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
[…] measures taken by the transferring Operator upon a finding of such obstacles. Only if provision of the above items to the data subject is likely to ‘ significantly hinder’ an Operator’s business operations, might that Operator refrain from such (complete or partial) disclosure. In practice, Operators primarily rely upon contractual safeguards and consent (in […]
India: Massive overhaul of digital regulation, with strict rules for take-down of illegal content and Automated scanning of online content
[…] sexual harassment, or represents a deep fake, and the content is transmitted with the intent to harass, intimidate, threaten or abuse an individual (see rule 4(1)(p)). “ Significant social media intermediaries” have enhanced obligations “Significant social media intermediaries” are social media services with a number of users above a threshold which will be defined […]