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There has been a surge in questions posed by national courts to the Court of Justice of the EU (CJEU) in the past year on how various provisions of the General Data Protection Regulation (GDPR) should be interpreted and applied in practice. They vary from understanding essential aspects of the fundamental right to the protection […]

The Future of Privacy Forum (FPF), a non-profit organization that serves as a catalyst for privacy leadership and scholarship, has partnered with the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law (SAL). With this partnership, FPF Asia Pacific and Singapore’s top legal think tank join forces to offer a unique […]

The National People’s Congress (NPC) of China adopted on August 20, 2021  the first Chinese comprehensive data protection law, the Personal Information Protection Law (PIPL), less than a year after the first draft of the law was published. The NPC  thus concluded its legislative process that saw two additional markups of the law since October […]

This paper outlines the spectrum of AI technology, from rules-based and symbolic AI to advanced, developing forms of neural networks, and seeks to put them in the context of other sciences and disciplines, as well as emphasize the importance of security, user interface, and other design factors.

Digital identity systems vary in complexity. At its most basic, a digital ID would simply recreate a physical ID in a digital format, whereasa fully integrated digital identity system would provide a platform for a complete wallet and verification process, usable both online and in the physical world.

This month, the Uniform Law Commission (ULC) voted to approve the Uniform Personal Data Protection Act (UPDPA), a model bill designed to provide a template for uniform state privacy legislation. After some final amendments, it will be ready to be introduced in state legislatures in January 2022.  The ULC has been engaged in an effort […]

Last week, President Biden signed an Executive Order on “Promoting Competition in the American Economy” (“the Order” or “the EO”), published together with an explanatory Fact Sheet. The Order outlines a sweeping agenda for a “whole of government” approach to enforcement of antitrust laws in nearly every sector of the economy. Although there is a […]

Key Takeaways The biggest challenge to increase UX transparency may be encouraging people to make deliberate decisions from a UX design perspective. Even designers’ color and shape choices in UI can be subtle ‘dark patterns’ that might even prevent, e.g., color-blind users from understanding the options at hand. Organizations should ask themselves whether they should […]

In June 2021,  the Supreme Court handed down TransUnion v. Ramirez, 594 U.S. ___ (2021), its latest decision concerning Article III standing, which determines a plaintiff’s eligibility to sue in federal court. Even when a federal law expressly creates a private right of action to enforce a federal right or other violation of the law, […]

This post is part of an ongoing series on federal preemption and enforcement in United States federal privacy legislation. See Preemption in US Privacy Laws (June 14, 2021). In drafting a federal baseline privacy law in the United States, lawmakers must decide to what extent the law will override state and local privacy laws. In […]