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New Report on Limits of “Consent” in Australia’s Data Protection Law
Authors: Dominic Paulger and Elizabeth Santhosh Elizabeth Santhosh is a current law student at Singapore Management University and an FPF Global Privacy intern. Introduction Today, the Future of Privacy Forum (FPF) and Asian Business Law Institute (ABLI), as part of their ongoing joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and […]

California Age-Appropriate Design Code Aims to Address Growing Concern About Children’s Online Privacy and Safety
Authors: Chloe Altieri, Kewa Jiang Kewa Jiang, CIPP/US, is a 2021 graduate of USC Gould School of Law and a Student Contractor with FPF’s Youth and Education Privacy team. On May 26, 2022, AB-2273, the California Age-Appropriate Design Code Act (ADCA) unanimously passed the California Assembly and moved to the Senate for consideration. California Assembly […]

New Report on Limits of “Consent” in New Zealand’s Data Protection Law
[…] the Act. The Act also empowers the Commissioner to, firstly, investigate complaints regarding entities’ privacy practices, resolve disputes, and issue binding compliance notices, and secondly, issue binding codes of practice in relation to specific sectors or classes of personal information. In 2012, New Zealand also became one of the few jurisdictions in APAC that […]

New Report on Limits of “Consent” in China’s Data Protection Law – First in a Series for Joint Project with Asian Business Law Institute
[…] to recognize the limitations of consent, especially in the digital space. To highlight a few examples: In 2018, a report of a Committee of Experts on a Free and Fair Digital Economy in India described the operation of notice and consent on the internet as “broken” and questioned whether consent alone could be an […]

When is a Biometric No Longer a Biometric?
In October 2021, the White House Office of Science and Technology (OSTP) published a Request for Information (RFI) regarding uses, harms, and recommendations for biometric technologies. Over 130 entities responded to the RFI, including advocacy organizations, scientists, experts in healthcare, lawyers, and technology companies. While most commenters agreed on core concepts of biometric technologies used […]

Diverging fining policies of European DPAs: is there room for coherent enforcement of the GDPR?
[…] regulator may reduce the fine. Additionally, the ICO is bound by national law to assess the fine’s broader economic impact, as it must consider the desirability of promoting economic growth. Thus, before issuing a fine and when deciding on its amount, it will consider its economic impact on the wider sector where the infringer […]

BCI Commercial and Government Use: Gaming, Education, Employment, and More
This post is the third in a four-part series on Brain-Computer Interfaces (BCIs), providing an overview of the technology, use cases, privacy risks, and proposed recommendations for promoting privacy and mitigating risks associated with BCIs. Click here for FPF and IBM’s full report: Privacy and the Connected Mind. In case you missed them, read […]

The State of Play – Issue Brief: COPPA 101
[…] and the FTC’s latest review of the COPPA rule is ongoing, with a draft rule expected at some point in 2022. Policymakers must understand the current state of play for kids online as they continue to have these important discussions, and we welcome the opportunity to discuss these issues further. Please feel free to contact us here at any time.

Understanding why the first pieces fell in the transatlantic transfers domino
[…] a common approach of DPAs on this issue: “it is essential that European regulators have a common interpretation of the rules”, since data protection law “intends to promote the internal market”. In the end, the DPAs are applying findings from a judgment made by the CJEU, which has ultimate authority in the interpretation of […]

5 Tips for Protecting Your Privacy Online
[…] for access to your location data. Do they need it for some reason that is obvious, like helping you with directions or showing your nearby friends? Feel free to say no. And be aware that location data is often used to tailor ads and recommendations based on locations you have recently visited. Allowing access […]