Search results

[…] legitimate interests of the controller or a third party to whom the data is disclosed, subject to a “balancing test” between such interests and the fundamental rights, freedoms, and guarantees of the data subject. The PDPA also empowers a public authority, the Office of Personal Data Protection (OPDP), to issue guidance on the PDPA, […]

[…] with the RED and its Delegated Act. For completeness, we remark that the Delegated Act entered into force in January 2022 and will be enforceable by mid- 2024. A consumer IoT device under the ETSI framework and a high-risk AI system under the AI Act could co-exist if the following conditions are cumulatively met: […]

[…] appear similar to the EU’s “legitimate interests,” but whose scope still remains uncertain. The PDP Bill would have required consent for processing of personal data to be free, informed, specific, clear, and capable of being withdrawn. For consent to qualify as “informed” under the PDP Bill, the data controller would have to provide certain […]

[…] 43). They relate to: a) The quality of data sets used to train, validate and test the AI systems; the data sets have to be ‘relevant, representative, free of errors and complete’, as well as having ‘the appropriate statistical properties (…) as regards the persons or groups of persons on which the high-risk AI […]

[…] secrecy claims are not able to prevent individuals from effectively exercising their privacy rights. Panelists discussed issues such as the necessity of disclosing application or software source code when providing “explainability” of decision-making to data subjects, and debated the level of detail necessary in disclosures required under transparency obligations. Ms. Demetzou focused on how […]

[…] subject to narrow exceptions, such as requests from state authorities or necessity for medical care. Generally, under Vietnamese law, consent for processing of personal information must be freely given. Prevailing laws generally require entities that handle personal data to inform the data subject of the scope and purpose for collection and use of the […]

[…] by public authorities for various purposes. The stated policy aim of the DPA is to protect the fundamental human right to privacy of communication while ensuring the free flow of information to promote innovation and growth. To that end, the DPA provides data subjects with a number of rights over their data, including rights […]

[…] Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021” (Online Privacy Bill) which, if passed, would complement the Privacy Act by introducing a binding online privacy code with which social media and other online platforms would have to comply, or face legal penalties. The status of the Online Privacy Bill is currently uncertain […]

[…] 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 Members Buffy Wicks (D-Oakland) and Jordan Cunningham (R-Templeton) proposed AB-2273, […]

[…] 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 […]