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[…] other countries, amongst other salient topics. Professor Anupam Chander and Neil Chilson Professor Eunice Park (Western State College of Law) discussed her paper, Reproductive Health Care Data Free or For Sale: Post-Roe Surveillance and the “Three Corners” of Privacy Legislation Needed with Amanda Newman (Office of Congresswoman Sara Jacobs). Professor Park’s paper recommends placing […]

[…] selection (the human rights principle of participation),32 and further ensure data collection is based on the principle of self-identification, which requires that surveys should always allow for free responses (including no responses) as well as indicating multiple identities (see section 4 on the human rights principle of self-identification).  3. ESG reporting Under the upcoming […]

[…] U.S. approach to data privacy, which has resulted in insufficient legal protections and a patchwork of state laws. Individuals deserve consistent privacy protections regardless of their zip code or age. We agree with President Biden: It’s time for federal lawmakers to speak in a united, bipartisan voice to create uniform privacy protections for all […]

[…] 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 […]

[…] Law School This paper critically elaborates the “Black Opticon” — the discriminatory oversurveillance, discriminatory exclusion and discriminatory predation African Americans face online. The paper considers whether the Virginia Consumer Data Protection Act (2021), the Federal Data Protection Act (2021) and new resources for the Federal Trade Commission possibly meet imperatives of a race-conscious African […]

[…] state privacy laws and federal draft bills. Manipulative design has important implications for consumer privacy. User consent obtained through manipulation, because it is neither “informed” nor “ freely-given,” undermines the basis of any notice and consent regime for data collection, use, and sharing. Platforms intending to employ manipulative design techniques can be incentivized to […]

[…] The Hill and Lawfare editorials respectively. In addition to federal privacy legislation, 2022 also saw the introduction of consumer privacy laws in Utah and Connecticut, joining California, Virginia, and Colorado. Last month, FPF urged the Federal Trade Commission to prioritize practical rules that clearly define individuals’ rights and companies’ responsibilities in our filed comments […]

[…] because the regulation of data privacy and security is a “major question” best served through Congress. These comments focused on the Supreme Court’s 2022 ruling in West Virginia v. EPA, holding that regulatory agencies, absent clear congressional authorization, cannot issue rules on major questions that affect a large portion of the American economy. Several […]

[…] remarks on state-level legislation focusing on the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), adding that Colorado, Connecticut, Utah, and Virginia have similar laws. She elaborated on the CPRA’s contractual language, comparing California’s categorization of “Businesses,” “Contractors,” “Third Parties,” and “Service Providers” to the GDPR’s distinction between […]

[…] 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 […]