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[…] meets enumerated criteria (including a more novel requirement that the privacy notice disclose if personal data has been transferred to, processed in, stored in, or sold to North Korea, China, Russia, or Iran), a prohibition on processing personal data in violation of civil rights law, and oversight/contractual requirements with respect to their processors.  Notably […]

[…] 25,000 consumers (excluding data processed solely for completing a payment transaction), or (2) derive more than 25% of gross revenue from selling personal data, regardless of the number of consumers whose personal data is processed or sold. These thresholds are low. Most state comprehensive privacy laws set the main processing threshold at 100,000 affected […]

[…] Kids Online Safety and Privacy Act (KOSPA), Children and Teens Online Privacy Protection Act (“COPPA 2.0”), and the California Age-Appropriate Design Code Act (AADC). With the increased number of enacted and evolving legislation, FPF’s work included a breakdown of bills related to children’s online safety, including the status quo of knowledge standards currently under […]

[…] resource provides an overview of how data is used to inform pricing; contextualizes data-driven pricing in existing U.S. law, enforcement activity, and emerging legislation; and recommends a number of best practices for guiding retail and e-commerce platforms in using data responsibly when it affects pricing. These practical recommendations, developed in consultation with companies working to […]

[…] shopping have given retailers the ability to automatically tailor offers to customers in real-time or near-real-time based on increasing amounts of data about markets and consumers. A number of pricing strategies involving personal data, market data, and advanced machine learning—what this resource refers to collectively as “data-driven pricing”—have recently become common marketing practice. While […]

[…] geographic regions, competitor prices, and other market forces. 1 As such, prices can vary over time and across consumers as conditions c hange. For example, hotel and airline prices fluctuate based on seasonality, rooms or seats available, fuel prices, and expected demand. 2 Ride hailing apps and delivery services, similarly, have “surge pricing” or […]

[…] characteristics such as age, ethnicity, race, sex, or disability status.  3. Verification vs. Identification: what systems are captured by the RBI prohibition? The Guidelines walk through a number of questions that must be examined in order to understand whether a given system falls within the prohibition’s scope:  Does this system qualify as “remote biometric […]

[…] recognition in the workplace and educational institutions, as contained in Article 5(1)(f) AI Act and explored in the Commission’s Guidelines on the topic. This analysis revealed a number of key takeaways: Not all emotion recognition AI systems are prohibited. The AI Act prohibits only the use of emotion recognition AI systems in the workplace […]

[…] or (b) control or process the personal data of at least 25K consumers and derive over 50% of gross revenue from selling personal data. (Section 15.) These numbers are consistent with the thresholds established in other states.  Definitions: The law’s definitions are generally consistent with the Virginia model. For example, this law includes the […]