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ITPI Event Recap – The EU Data Strategy and the Draft Data Governance Act
[…] the fact that the DGA and PSD2 have diverging models for fostering data-based innovation: as an illustration, while PSD2 mandates banks to share customer data with fintechs, free of charge and upon the customer’s contractual consent, the DGA centres around voluntary data sharing, for which public bodies may charge fees and data subjects are […]

India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
[…] their safe harbours) can be used to expand the scope of section 69 or rules thereunder. Proceedings initiated by Whatsapp LLC in the Delhi High Court, and Free and Open Source Software (FOSS) developer Praveen Arimbrathodiyil in the Kerala High Court have both challenged the legality and validity of Rule 4(2) on grounds including […]

South Korea: The First Case Where the Personal Information Protection Act was Applied to an AI System
[…] and operate “Iruda.” Therefore, PIPC determined that ScatterLab processed the user’s personal information beyond the purpose of collection. In addition, ScatterLab posted its AI models on the code sharing and collaboration platform Github from October 2019 to January 2021, which included 1,431 KakaoTalk messages revealing 22 names (excluding last names), 34 locations (excluding districts […]

Talking to Kids About Privacy: Advice from a Panel of International Experts
[…] kids at a young age, and to get beyond the common but too simple advice to not share personal information online. Common Sense’s Digital Citizenship Curriculum provides free lesson plans to address timely topics and prepare students to take ownership of their digital lives by grade and topic. She also emphasized the important role […]

China: New Draft Car Privacy and Security Regulation is Open for Public Consultation
[…] The definitions of these three types of data mirror similar definitions in other Chinese laws or draft laws currently being considered for adoption, such as the Civil Code and, respectively, the Personal Information Protection Law and the Cybersecurity Law. Consistency across these laws indicates a harmonization of China’s emerging data governance regulatory model. Obligations […]

Automated Decision-Making Systems: Considerations for State Policymakers
[…] profiling and automated decision-making, following the passage of the GDPR. Lawmakers may also seek to ensure interoperability with the newly passed California Privacy Rights Act (CPRA) or Virginia Consumer Data Protection Act (VA-CDPA), both of which create requirements that impact automated decision-making, including profiling. Finally, the Federal Trade Commission enforces a number of laws […]

A New Era for Japanese Data Protection: 2020 Amendments to the APPI
[…] they were collected. The 2020 Amendments and amended PPC Rules model the pseudonymization process on anonymization, requiring the removal of any (i) description, (ii) unique ‘personal identification code’ (as defined in the APPI), and (iii) information relating to the processing method performed to enable the removal of (i) and (ii) above. The immediate result […]

India: Massive overhaul of digital regulation, with strict rules for take-down of illegal content and Automated scanning of online content
[…] already been challenged in the Delhi High Court by news publishers this week. The Guidelines have raised several types of concerns in India, from their impact on freedom of expression, impact on the right to privacy through the automated scanning of content and the imposed traceability of even end-to-end encrypted messages so that the […]

FPF Testifies on Maryland Student Data Privacy Bill
[…] be expanded by this legislation, to “provide expert recommendations on this topic help ensure the right balance.” Read Vance’s written testimony on HB 1062 here and watch the testimony here (add YouTube link teed up to the right time code). For more background on Maryland’s Student Data Privacy Council, statutorily created in 2019, click here.

Russia: New Law Requires Express Consent for Making Personal Data Available to the Public and for Any Subsequent Dissemination
[…] is the one mentioned above, for state or public interests as defined by law. It is thus expected that the amendments might create a chilling effect on freedom of expression, especially when also taking into account the corresponding changes to the Criminal Code. The new rules seem to be part of a broader effort […]