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[…] and alternatives to consent as lawful bases for processing personal data in Asia Pacific (APAC). This report provides a detailed overview of relevant laws and regulations in India, including: notice and consent requirements for processing personal data; the status of alternative legal bases for processing personal data which permit processing of personal data without […]

[…] 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 […]

[…] the fundamental level, Vietnam’s Constitution provides for an inviolable right to privacy and legal protection of information regarding personal privacy and personal and familial secrecy.  The Civil Code gives expression to these rights in a limited manner by, among others, requiring an individual’s consent for collection, use, retention, or publication of information about that […]

[…] data protection landscape—first, the demographic shift. Second, the technological shift. Third, the regulatory shift.  First, the sheer demographic gravity of the Asia-Pacific means that jurisdictions like China, India, Indonesia, and others – have not just the largest but also some of the youngest and fastest-growing populations globally. With a young, highly digitally-savvy population that […]

[…] 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, […]

[…] FPF’s Gabriela Zanfir-Fortuna. She started early in a speaking role on a panel about ‘Data Protection Regulation Post-COVID: the Current Landscape of Discussions in Europe, the US, India and Brazil’, organized by Data Privacy Brasil (DPB) and moderated by DPB’s Bruno Bioni. The session, during which Gabriela offered the US perspective on the matter, […]

[…] Republic of China. Over the coming weeks, FPF and ABLI will continue publishing these reports, which will inform a forthcoming comparative review paper with detailed recommendations to promote legal convergence around requirements for processing personal data in the Asia Pacific region.  Background on the ABLI/FPF Project In August 2021, ABLI and FPF concluded a […]

[…] 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 […]

[…] Huduma Card into Context For purposes of clarity, it is fundamental to locate Huduma Card in the larger context within which it exists. Huduma Card, akin to India’s Aadhaar Card, is the final step in the process of registration in Kenya’s proposed digital identification system – the National Identity Integrated Management System (NIIMS). NIIMS […]