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[…] and Choice under Rule 5.03 and Default Settings under Rule 5.04. The notice and choice requirements ask UOOM vendors to ensure that the signal represents an “affirmative, freely given, and unambiguous choice to opt out” of targeted advertising and data sales. The requirements for default settings seek to ensure the choice remains a genuine […]

[…] 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 […]

[…] collected about you by 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 […]

[…] FPF’s 2023 Privacy Papers for Policymakers Award winners are: Towards a Latin American Model of Adequacy for the International Transfer of Personal Data by Luca Belli, Fundação Getulio Vargas Law School; Ana Brian Nougrères, Naciones Unidas en el Derecho a la Privacidad; Jonathan Mendoza Iserte, INAI, Mexico; Pablo Palazzi, Centro de tecnología y Sociedad […]

[…] 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 […]

[…] Refocusing Data Protection Law on ADM, A Global Perspective with Lessons from Case-Law.” In addition, our global experts provided analysis on privacy and data protection developments in Vietnam, Nigeria, Australia, Tanzania, and the African Union and published an overview comparing three regional model contractual frameworks for cross-border data transfers. U.S. Legislative Activity In 2023, […]

[…] 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 […]