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[…] maintains consent as the general basis for the processing of personal data – similar to how it was regulated by the former LPVP. Consent must be “ free, informed and specific as to its purpose” and given “in advance and unequivocally” by means of a verbal or written statement, or expressed through electronic means […]

[…] and the United States. Dealing with these risks requires that greater attention be paid to geopolitical crises and legal fragmentation as a threat to protections for the free flow of data across borders.  The end of the ‘Brussels effect’? There has been much talk of the ‘Brussels effect’ that has allowed the EU to […]

[…] society, and academia have defined the latest iteration of AI agents, examples of which are provided in the table below: Source Definition “Building effective agents,” Dec. 19, 2024, Erik Schluntz and Barry Zhang, Anthropic “ystems where LLMs dynamically direct their own processes and tool usage, maintaining control over how they accomplish tasks.” “Navigating the […]

[…] must undergo a serious reckoning with privacy law. Scraping has evaded a reckoning with privacy law largely because scrapers act as if all publicly available data were free for the taking. But the public availability of scraped data shouldn’t give scrapers a free pass. Privacy law regularly protects publicly available data, and privacy principles […]

[…] annually on January 28 to mark the anniversary of Convention 108, the first binding international treaty to protect personal data. To raise awareness for the day and promote best practices for data privacy, we’ve partnered with Snap to create a Data Privacy Day Snapchat Lens that lets you choose what type of privacy pup […]

[…] fragmentation of the cross-border data transfer landscape globally and in APAC into clusters of likeminded jurisdictions, ranging from those like Singapore and Japan that are working to promote trusted data flows (especially through initiatives like the Global CBPRs) to those like Indonesia, India, and Vietnam that have recently renewed their interest in adopting data […]

[…] collection or uses planned in 2025 – including secondary uses of data – that may be going on. This has been a theme of FTC actions in 2024 and a measure that would enhance transparency as suggested by the EDPB in the latest Opinion on data protection and AI models. Since new uses of […]

In 2024, lawmakers across the United States introduced more than 700 AI-related bills, and 2025 is off to an even quicker start, with more than 40 proposals on dockets in the first days of the new year. In Washington D.C., a post-election reshuffle presents unique opportunities to address AI issues on a national level, […]

[…] AI legislation. Maryland passed the  Maryland Online Data Privacy Act (MODPA) as well as the Maryland Age-Appropriate Design Code Act” (Maryland AADC).  Following Connecticut’s lead last year, Virginia and Colorado both amended their state privacy laws to add specific online protections for kids’ data. FPF also examined genetic privacy laws from Montana, Tennessee, Texas, […]

[…] In the deployment and use phase, organizations must exercise strict caution when inputting personal information into AI systems, particularly systems that are provided to the public for free, such as AI chatbots. They emphasize the need to comply with APP 6 for any secondary use of personal information, minimizing data input, and maintaining transparency […]