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[…] treatment. The Prefatory Note of a late-stage draft of the UPDPA notes that it seeks to avoid “the compliance and regulatory costs associated with the California and Virginia regimes.”  Central to the framework, however, is a useful distinction between “compatible,” “incompatible,” and “prohibited” data practices, which moves beyond a purely consent model based on […]

[…] liability and regulation of publishers of digital content have generated significant debate since their release in February 2021. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the Rules) have: recast the conditions to obtain ‘safe harbour’ from liability for online intermediaries, and  unveiled an extensive regulatory regime for a newly […]

[…] and operate “Iruda.” Therefore, PIPC determined that ScatterLab processed the user’s personal information beyond the purpose of collection. In addition, ScatterLab posted its AI models on the code sharing and collaboration platform Github from October 2019 to January 2021, which included 1,431 KakaoTalk messages revealing 22 names (excluding last names), 34 locations (excluding districts […]

[…] The definitions of these three types of data mirror similar definitions in other Chinese laws or draft laws currently being considered for adoption, such as the Civil Code and, respectively, the Personal Information Protection Law and the Cybersecurity Law. Consistency across these laws indicates a harmonization of China’s emerging data governance regulatory model.  Obligations […]

[…] profiling and automated decision-making, following the passage of the GDPR. Lawmakers may also seek to ensure interoperability with the newly passed California Privacy Rights Act (CPRA) or Virginia Consumer Data Protection Act (VA-CDPA), both of which create requirements that impact automated decision-making, including profiling. Finally, the Federal Trade Commission enforces a number of laws […]

[…] they were collected. The 2020 Amendments and amended PPC Rules model the pseudonymization process on anonymization, requiring the removal of any (i) description, (ii) unique ‘personal identification code’ (as defined in the APPI), and (iii) information relating to the processing method performed to enable the removal of (i) and (ii) above. The immediate result […]

On February 25, the Indian Government notified and published Information Technology (Guidelines for Intermediaries and Digital media Ethics Code) Rules 2021. These rules mirror the Digital Services Act (DSA) proposal of the EU to some extent, since they propose a tiered approach based on the scale of the platform, they touch on intermediary liability, content moderation, take-down […]

[…] be expanded by this legislation, to “provide expert recommendations on this topic help ensure the right balance.” Read Vance’s written testimony on HB 1062 here and watch the testimony here (add YouTube link teed up to the right time code). For more background on Maryland’s Student Data Privacy Council, statutorily created in 2019, click here.

[…] networks are now required to monitor content and “restrict access immediately” of users that post information about state secrets, justification of terrorism or calls to terrorism, pornography, promoting violence and cruelty, or obscene language, manufacturing of drugs, information on methods to commit suicide, as well as calls for mass riots.  Below we provide a […]

[…] be able to shape laws that are technology-neutral and do not have to be updated every two months. According to Paul, while engineers are adept at writing code, code is written for machines that cannot think for themselves. However, the law is written for people, not computers, and policymakers are best equipped for this […]