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[…] Jersey, only the Colorado Privacy Act’s implementing regulations required that DPAs occur prior to initiating processing. Following the NetChoice v. Bonta litigation, which saw California’s Age-Appropriate Design Code Act preliminarily enjoined, this requirement could raise First Amendment concerns if it is interpreted as a prior restraint on speech. 3. Thresholds for Applicability S332 is […]

[…] one company and then shared or sold to another. While data collection can benefit both you and businesses – like connecting with friends, getting directions, or sales promotions – it can also be used in invasive ways unless you take control. You can protect your personal data and information in many ways and control […]

[…] 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 […]

[…] 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 […]

[…] significant acceleration in data protection regulatory activity in recent years, including the enactment of new data protection laws. In particular, since 2021, China, Indonesia, Japan, South Korea, Thailand, and Vietnam have newly enacted or amended their data protection laws and regulations. An analysis of the data protection laws and regulations in these six jurisdictions […]

[…] Takeaways and Further Clarification India’s data protection Act has been in the works for a significant period of time and the passage of the law is a welcome step forward after the recognition of privacy as a fundamental right in India by the Supreme Court in its landmark Puttaswamy judgment. While the basic structure […]

[…] had adopted a separate and detailed Statement on generative AI. In his keynote, Commissioner Shuhei Ohshima remarked that “generative AI adoption has increased significantly.” In order to promote trustworthy deployment and use of the new technology “the importance of DPAs is increasing also on a daily basis,” the Commissioner added. Generative AI is not […]