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[…] described a framework that could “provide the best means to achieve effective protection against overdetermination of individuals by machine inferences.” I expect the idea of “control” over one’s persona and personal information in the world of Generative and Agentic AI to increasingly permeate and fuel regulatory debates. In its much-expected Opinion on AI systems […]

[…] our Health and Wellness Policy Brief.   Map your international data flows and track any instances where internal processes or third-party relationships could put data within reach of one of the U.S. government’s “countries of concern.” Diversify your data transfers tools with an eye on the global landscape, as cross-border data flows restrictions are increasingly […]

[…] 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, with one party controlling the White House and both houses of Congress. But, while Congress has shown strong interest in AI generally, the 119th Congress seems more likely to prioritize […]

[…] 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, […]

On 21 October 2024, the Office of the Australian Privacy Commissioner (OAIC) released two sets of guidelines (collectively, “Guidelines”), one for developing and training generative AI systems and the other one for deploying commercially available “AI products”. This marks a shift in OAIC’s regulatory approach from enforcement-focused oversight to proactive guidance.  The Guidelines establish […]

[…] issuing guidelines or addressing AI within existing regulatory structures. Cross-regulatory and cross-border collaboration is a shared priority for regulators in APAC and beyond During the panel discussion, one top regulatory priority surfaced was on cross-border collaboration. Commissioner Dufresne emphasized the importance of international cooperation in addressing privacy challenges. “At the OPC, we will continue […]

[…] minimization provisions are also elements of recent sectoral laws including the Washington State My Health My Data Act, the New York Child Data Protection Act, and the Virginia Child Data Privacy Amendment. Taken together, these frameworks portend a new trend toward substantive data minimization standards; however, their statutory requirements vary in subtle but consequential […]

[…] into their legal systems, and non-compliance may lead to international scrutiny.  Adopting mechanisms to guarantee this right in practice (not just on paper or in theory) is  one of the obligations States must fulfill, as emphasized by the IACHR: 599. In any case, the Inter-American Court reiterates that the effectiveness of the right to […]

[…] achieve the strategic objectives of the AU with regard to AI use in Africa, while addressing the societal, ethical, security, and legal challenges associated with AI-driven systems. One of the Strategy’s first action points focuses on establishing appropriate AI governance systems and regulations at regional and national levels. Another focuses on encouraging cross-border data […]

[…] credentialing programs and zero-knowledge proofs to provide assurance that a particular individual online is in fact a human, or that a given online account is the official one and not an imposter. As generative AI becomes more powerful, and synthetic content more convincing, malicious impersonation, disinformation, and NCII and CSAM may pose even greater […]