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[…] to protect individuals in relation to how their personal data is processed, ensuring that such processing respects their fundamental rights, while at the same time seeking to promote the free movement of personal data within the EU.   While the two regulations do not have the same taxonomy of regulated actors, the broad scope of […]

[…] Valid Consent Has Strict Requirements, Is Withdrawable, And Can be Exercised Through Consent Managers The DPDP Act requires that consent for processing of personal data be “ free, specific, informed, unconditional and unambiguous with a clear affirmative action.” These conditions are similarly strict to those required under the GDPR, highlighting that the people whose […]

[…] had adopted a separate and detailed Statement on generative AI. In his keynote, Commissioner Shuhei Ohshima remarked that “generative AI adoption has increased significantly.” In order to promote trustworthy deployment and use of the new technology “the importance of DPAs is increasing also on a daily basis,” the Commissioner added. Generative AI is not […]

[…] up to the age of 17 (although CT SB 3 creates similar protections for 13-17-year olds), child-directed privacy and online safety laws, including the California Age-Appropriate Design Code and Utah Senate Bill 152, have increasingly applied to the data and activity of teenagers up to age 17. 4. Expanded Rights to Access and Delete […]

[…] sensitive data, adequate steps for data breach notification, conducting DPIAs, or issuing data localization regulations for specific categories of personal data.   Other functions of the Commission include promoting public awareness and understanding of personal data protection, the rights and obligations imposed under the law, and the risks to personal data; receiving complaints alleging violations […]

[…] it is important to note that industrial policies from both central and local governments in China also exert substantial influence over the sector. Critically, the task to promote AI advancement amid escalating concerns is overseen by authorities other than the CAC, such as the Ministry of Science and Technology (“MST”) and the Ministry of […]

[…] features, including a mechanism to report “harmful or unwanted” behavior. The children’s and health provisions of SB 3 appear to be informed by the California Age-Appropriate Design Code (AADC) and the recently enacted Washington State My Health, My Data Act, respectively, but contain numerous important distinctions.  FPF has prepared a comparison chart to help […]

[…] alongside technological and societal developments. The Model Framework is also technology-, industry-, scale- and business-model agnostic.  Substantively, the Model Framework is guided by two fundamental principles to promote trust and understanding in AI. First, organizations using AI in decision-making should ensure that the decision-making process is explainable, transparent and fair. Second, AI systems should […]

[…] the Review Report’s proposal to grant the OAIC the power to determine codes of practice, the Report proposes that the OAIC should issue a “Children’s Online Privacy Code” for online services that are likely to be accessed by children. The Code would align with the UK’s Age Appropriate Design Code, and would provide guidance […]

[…] in California AADC, Section 2 defines “substantial harm or privacy risk” to include: mental health disorders; addictive behaviors; physical violence, online bullying and harassment; sexual exploitation; the promotion and marketing or tobacco, gambling, alcohol, or narcotic drugs; and predatory, unfair, or deceptive marketing practices or other financial harms. Both the California AADC and Section […]