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[…] 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 […]

[…] minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. Virginia §59.1-571 “Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological […]

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 […]

[…] 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. 

[…] 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 […]

[…] 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 […]

[…] their constituents, are actively working to fill.  Last year we saw scores of comprehensive privacy bills introduced in dozens of states, though when the dust settled, only Virginia and Colorado had joined California in successfully enacting new privacy regimes. Now, at the outset of a new legislative calendar, many state legislatures are positioned to […]

[…] Advocates’ Goals Most proposals have not gone as far as some civil rights advocates have proposed. For example, the Lawyers’ Committee for Civil Rights Under Law and Free Press introduced a comprehensive Model Bill in March 2019, that would not only would prohibit discrimination in economic opportunities (housing, employment, credit, insurance, or education) and […]

[…] February 10, 2022.  Register for the virtual event The winners of the 2022 Privacy Papers for Policymakers Award are: Privacy Harms, by Danielle Keats Citron, University of Virginia School of Law; and Daniel J. Solove, George Washington University Law School This paper looks at how courts define harm in cases involving privacy violations and […]

[…] data. We also discussed evaluating research projects in light of public interest expectations. There was widespread agreement that data sharing is vital for various reasons, such as promoting the next generation of scientific breakthroughs and holding companies publicly accountable. On the other hand, there was disagreement on ensuring that data is available for research […]