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Meet David Sallay, FPF’s new Youth & Education Privacy Director
[…] since that gets me in a proper Halloween mood. Do you remember the first time you heard about FPF? What made you want to join the team officially? What is your top priority? I first heard about FPF when I started working on privacy in Utah. We didn’t know how to build our program […]

Indonesia’s Personal Data Protection Bill: Overview, Key Takeaways, and Context
[…] and competence, which in broad terms include: Supervising compliance of data controllers; Imposing administrative sanctions for violations committed by data controllers and data processors; Assisting law enforcement officials in handling allegations of personal data-related criminal offenses under the PDP Law; Cooperating with foreign DPAs to resolve alleged cross-border violations of the PDP Law; Publishing […]

Are we there yet? The long road to nowhere: The demise of India’s draft data protection bill
[…] Data Protection Bill from the Parliament’s consideration. This was a surprise move, coming after more than four years of consultations, as well as several statements from top officials that its passage was imminent and that there were no plans to scrap the Bill given the extensive deliberations undertaken. With the withdrawal, India finds itself […]

Judge declares Buenos Aires’ Fugitive Facial Recognition System Unconstitutional
[…] system’s source of information. The SRFP operated through the CONARC database, which has information about capture orders issued by national and local courts. However, according to the officials in charge of its operation, the CONARC database has “serious flaws” that, when used for the SRFP, could lead to “false positives” resulting in unlawful detentions, […]

What Happened to the Risk-Based Approach to Data Transfers?
[…] the data protection laws in the Member States.” 16 https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2009/wp168_en.pdf, https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2010/wp173_en.pdf 17 https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0011:FIN:EN:PDF 18 https://data.consilium.europa.eu/doc/document/ST%206607%202013%20REV%201/EN/pdf. 19 See para. 5 at https://data.consilium.europa.eu/doc/document/ST%206607%202013%20REV%201/EN/pdf. 20 See p. 23 at https://data.consilium.europa.eu/doc/document/ST- 8004-2013-INIT/en/pdf 21 https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2014/wp218_en.pdf 22 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52016AG0006%2801%29. 23 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_ADD_1&from=EN. 24 See Amendment 99, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014AP0212&from=EN. 25 See p. 83 at https://data.consilium.europa.eu/doc/document/ST-9565-2015-INIT/en/pdf. 26 Cf. supra n. 3, p. 113. 27 Cf. […]

New Report on Limits of “Consent” in Japan’s Data Protection Law
[…] the handling is lawful and fair and in most cases, notify the data subject of how his/her personal information will be handled. That said, consent plays a number of secondary roles and may be required for certain activities concerning personal information. By default, a PIHBO must obtain data subject’s consent before: changing the utilization […]

Looking Back to Forge Ahead: Challenges of Developing an “African Conception” of Privacy
[…] (2), African Charter on Human and People’s Rights (1981). 10 Barabra Potthast-Jutkeit, The history of family and colonialism: Examples from Africa, Latin America, and the Caribbean https://www.tandfonline.com/doi/abs/10.1016/S1081-602X%2897% 2990001-4 11 Walter D. Mignolo, How Colonialism Preempted Modernity https://www.tandfonline.com/doi/abs/10.1080/03086534.2011.598039?journalCode=fich20 12 Jaap van der Straaten, Hundred Years of Servitude. From Kipande to Huduma Namba in Kenya https://www.readcube.com/articles/10.2139%2Fssrn.3543457 […]

New Report on Limits of “Consent” in Macau’s Data Protection Law
[…] of a data subject who is physically or legally incapable of giving consent; to carry out a task in the public interest or in the exercise of official authority; for pursuing the legitimate interests of the controller or a third party to whom the data is disclosed, subject to a “balancing test” between such […]

ETSI’s consumer IoT cybersecurity ‘conformance assessments’: parallels with the AI Act
[…] EU declaration of conformity, and affix a CE-marking (Article 10). Manufacturers can follow harmonized standards for conformity assessments to the extent these have been published in the Official Journal of the EU (see also, the European Commission’s standardization request). ETSI’s methodology remains optional for manufacturers of internet-connected radio equipment, even if it can be […]

New Report on Limits of “Consent” in India’s Data Protection Law
[…] processing personal data which provide a window into Indian regulators’ perspectives on these topics and may still be relevant in future legislation. The PDP Bill provided a number of different legal bases for processing personal data, including consent but also several alternative bases which apply when processing of personal data is necessary for: compliance […]