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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 […]

Preemption in US Federal Privacy Laws
[…] uniquely local character, such as laws governing student records, medical information, and library records. Preemption only becomes more complicated as additional states join recent leaders such as Virginia, California, and Colorado, to pass omnibus data privacy laws that apply to data collected across borders from websites, apps, and other digital services. What can we […]

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 […]

FPF partners with FCBA -The Tech Bar and LOEB & LOEB to Launch New Law Student Diversity Internship
[…] privacy-enhancing technologies. “We hope this non-profit/law firm partnership to advance diversity in the TMT is the first of many,” said Rudy Brioche, Diversity Pipeline Committee Co-Chair. “We welcome the opportunity to work with other non-profits as we expand the program next Fall for the 2022 Summer Internship Program.” focused student sitting on stairs using […]

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 […]

FPF Smart Communities Resources
[…] et al. in the MIT Computational Law Review. Smart Cities: Privacy, Transparency, and Community by Kelsey Finch & Omer Tene in the Cambridge Handbook of Consumer Privacy. Welcome to the Metropticon: Protecting Privacy in a Hyperconnected Town by Omer Tene & Kelsey Finch in the Fordham Urban Law Journal. Events & Workshops FPF’s RCN […]

FPF announces appointment of Malavika Raghavan as Senior Fellow for India
[…] Personal Data Protection Bill, with specific reliance placed on such research on aspects of regulatory design and enforcement. See Malavika’s full bio here. “We are delighted to welcome Malavika to our Global Privacy team. For the following year, she will be our adviser to understand the most significant developments in privacy and data protection […]