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New Report on Limits of “Consent” in New Zealand’s Data Protection Law
[…] European law for purposes of cross-border data transfers. Role and status of consent in New Zealand Consent – which the Privacy Act calls “authorisation” – plays a number of roles in the Privacy Act but unlike in other major data protection laws internationally, is not a standalone legal basis for collecting, using, or disclosing […]

New Report on Limits of “Consent” in Hong Kong’s Data Protection Law
[…] In its advisory role, the PCPD is tasked with, among others, promoting public awareness and understanding of the PDPO. To that end, the PCPD has issued a number of guidelines on application of the PDPO’s requirements to specific situations or sectors. In its enforcement role, the PCPD is empowered to investigate possible contraventions of […]

Report Outlines Key Privacy Considerations for Video-Based Safety Systems in Vehicles
Despite fewer vehicle miles traveled as a result of the COVID-19 pandemic, an estimated 38,680 individuals died in motor vehicle accidents in 2020 — the largest projected number of fatalities in such accidents in over a decade. Washington, D.C.-based non-profit Future of Privacy Forum (FPF) released a report detailing the data usage and privacy […]

When is a Biometric No Longer a Biometric?
[…] risks of technologies that collected and tracked an individual’s body-based data for detection, characterization, and other inferences. Specific use cases identified in the responses included: counting the number of customers in a store (by detecting and counting faces in video footage), diagnosing a skin condition, tools used to infer human emotion, disposition, character, intent […]

Diverging fining policies of European DPAs: is there room for coherent enforcement of the GDPR?
[…] circumstances of the infringer in specific cases. Article 83(2)(a) GDPR: Nature, gravity and duration of the infringement, including the nature, scope or purpose of the processing, the number of data subjects affected and the damage suffered by them On this criteria, the EDPB guidelines from 2018 state that, in case of “minor infringements” or […]

What the Biden Executive Order on Digital Assets Means for Privacy
[…] designed to include privacy protections. The Order states that a United States CBDC would be the liability of the Federal Reserve, which is currently experimenting with a number of CBDC system designs, including centralized and decentralized ledger technologies, as well as alternative technologies. Although the Federal Reserve has not chosen a particular system, the […]

The ebb and flow of trans-Atlantic data transfers: It’s the geopolitics, stupid!*
[…] property and know-how of our high-tech companies and universities undermines Europe’s future earning capacity. Cloud infrastructure: the EU is mainly dependent on digital infrastructures owned by a number of major foreign market players, which offer limited portability and interoperability of data and applications. For innovation with AI, you need large quantities of harmonized data […]

Measuring Privacy Programs
[…] to its strategy and bottom line. Privacy metrics can be used to measure a variety of data points. Simple operational and compliance metrics measure activities like the number of data subject requests, where privacy executives can track and improve the efficiency of existing organizational processes. More advanced metrics that are customer and business enablement […]

BCI Technical and Policy Recommendations to Mitigate Privacy Risks
[…] activity; 2) those that modulate brain activity; or 3) those that do both, also called bi-directional BCIs (BBCIs). BCIs can be invasive or non-invasive and employ a number of techniques for collecting neurodata and modulating neural signals. Neurodata is data generated by the nervous system, which consists of the electrical activities between neurons or […]

How the Kenyan High Court (temporarily) struck down the national digital ID Card: Context and Analysis
[…] Of particular interest is the proliferation of digital finance applications in Kenya. This has created a market for more sophisticated, personal data reliant digital finance applications. A number of these financial service providers rely on alternative scoring models to provide credit. Many of these models rely on highly personal data to determine loan eligibility. […]