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Five Big Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2023
[…] Rights Act (CPRA) ballot initiative expanded California’s privacy regime, establishing heightened protections for certain sensitive personal information and providing a right to correct inaccurate data. In 2021, Virginia (VCDPA) and Colorado (CPA) enacted laws that are notable for creating ‘opt-in’ affirmative consent requirements in addition to California-style ‘opt-out’ privacy rights. Finally, in 2022, Connecticut […]

FPF Releases Comparative Analysis of California and U.K. Age-Appropriate Design Codes
The Future of Privacy Forum (FPF) today released a new policy brief comparing the California Age-Appropriate Design Code Act (AADC), a first-of-its-kind privacy-by-design law in the United States, and the United Kingdom’s Age-Appropriate Design Code. While there are distinctions between the two codes, the California AADC, which is set to become enforceable on July […]

New Report Promotes Accountability-Based Approach to Data Protection in the APAC Region
[…] from consent-centric privacy practices. Consent practices are often restricted to individual jurisdictions and their legal systems. FPF and ABLI’s new report aims to elevate this discussion by promoting alternatives to consent measures, thereby increasing the accountability of organizations that process personal data. By using various alternative legal bases other than consent and with an […]

FPF Releases Analysis of California’s New Age-Appropriate Design Code
[…] Education team is pleased to publish a new policy brief that builds on this first brief by providing a comparative analysis of the United Kingdom’s Age Appropriate Design Code (UK AADC) to the California AADC, which was modeled after the UK AADC. Learn more and download the UK and CA AADC Comparative policy brief here. New report […]

Judge declares Buenos Aires’ Fugitive Facial Recognition System Unconstitutional
[…] the court concluded an amparo action would provide an effective and timely remedy, as opposed to the contentious administrative procedure set forth in the Administrative and Tax Code. Additionally, as a constitutional recourse, an amparo action allowed the court to study the constitutionality of the incorporation of the SRFP into Buenos Aires’ public security […]

FPF Participates in FTC Event on “Commercial Surveillance and Data Security” Proposed Rulemaking
[…] outside the U.S. to evaluate the merits of different regulatory approaches. She specifically highlighted the privacy interests of children and the United Kingdom’s recent Age Appropriate Design Code, which includes transparency and data minimization standards. Mr. Erwin also highlighted the need to protect childrens’ privacy, while cautioning that some approaches can result in “privacy […]

Age-Appropriate Design Code Passes California Legislature
Update: On Sep 15, 2022, California Governor Gavin Newsom signed AB 2273, the California Age-Appropriate Design Code Act. The law will apply to businesses that provide online services, products, or features likely to be accessed by children and broadly requires businesses to implement their strongest privacy settings by default for young users up to the age […]

New Report on Limits of “Consent” in Thailand’s Data Protection Law
[…] and alternatives to consent as lawful bases for processing personal data in Asia Pacific (APAC). This report provides a detailed overview of relevant laws and regulations in Thailand, including: notice and consent requirements for processing personal data; the status of alternative legal bases for processing personal data which permit processing of personal data without […]

FPF at CPDP LatAm 2022: Artificial Intelligence and Data Protection in Latin America
[…] secrecy claims are not able to prevent individuals from effectively exercising their privacy rights. Panelists discussed issues such as the necessity of disclosing application or software source code when providing “explainability” of decision-making to data subjects, and debated the level of detail necessary in disclosures required under transparency obligations. Ms. Demetzou focused on how […]

New Report on Limits of “Consent” in Vietnam’s Data Protection Law
[…] the fundamental level, Vietnam’s Constitution provides for an inviolable right to privacy and legal protection of information regarding personal privacy and personal and familial secrecy. The Civil Code gives expression to these rights in a limited manner by, among others, requiring an individual’s consent for collection, use, retention, or publication of information about that […]