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New Report on Limits of “Consent” in Indonesia’s Data Protection Law
Introduction Today, the Future of Privacy Forum (FPF) and Asian Business Law Institute (ABLI), as part of their ongoing joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific,” are publishing the seventh in a series of detailed jurisdiction reports on the status of “consent” and alternatives […]
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The ebb and flow of trans-Atlantic data transfers: It’s the geopolitics, stupid!*
The following is a guest post to the FPF blog from Lokke Moerel, Professor of Global ICT Law at Tilburg University and a Dutch Cyber Security Council member. Guest blog posts do not necessarily reflect the views of FPF. 1. Introduction There is a call for a rational debate on trans-Atlantic data transfers. Frustrations increase […]
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Reading the Signs: the Political Agreement on the New Transatlantic Data Privacy Framework
The President of the United States, Joe Biden, and the President of the European Commission, Ursula von der Leyen, announced last Friday, in Brussels, a political agreement on a new Transatlantic framework to replace the Privacy Shield. This is a significant escalation of the topic within Transatlantic affairs, compared to the 2016 announcement of a […]
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Measuring Privacy Programs
The risks of falling short on privacy compliance are greater than they have ever been. New laws are going into effect around the world and in the states, enforcement agencies are exercising their authority and media organizations have teams devoted to identifying data protection failures. Legal judgments can run into the billions. And most important, […]
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How the Kenyan High Court (temporarily) struck down the national digital ID Card: Context and Analysis
The High Court of Kenya, by virtue of a judicial review application, delivered a landmark judgment declaring the proposed national digital ID card (Huduma Card) unconstitutional on October 14, 2021 – a judgment that is now part of the growing data protection and privacy jurisprudence in the country. Kenya enacted its first Data Protection Act […]
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Understanding why the first pieces fell in the transatlantic transfers domino
Two decisions issued by Data Protection Authorities (DPAs) in Europe and published in the second week of January 2022 found that two websites, one run by a contractor of the European Parliament (EP), and the other one by an Austrian company, have unlawfully transferred personal data to the US merely by placing cookies (Google Analytics and Stripe) provided by two US-based companies on the devices of their visitors.
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Addressing the Intersection of Civil Rights and Privacy: Federal Legislative Efforts
Last month, the National Telecommunications and Information Administration (NTIA) hosted virtual listening sessions on the intersection of data privacy, equity, and civil rights. Around the same time, the FTC announced that they will begin rulemaking on discriminatory practices in automated decision making, and currently, an influx of state legislation containing civil rights provisions have been […]
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Dispatch from the Global Privacy Assembly: The brave new world of international data transfers
The future of international data transfers is multi-dimensional, exploring new territories around the world, featuring binding international agreements for effective enforcement cooperation and slowly entering the agenda of high level intergovernmental organizations. All this surfaced from notable keynotes delivered during the 43rd edition of the Global Privacy Assembly Conference, hosted remotely by Mexico’s data protection authority, INAI, on October 18 and 19.
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Event Report from DigitalxADB: Driving Digital Development across Asia and the Pacific
On October 27, the Future of Privacy Forum (FPF)’s Asia-Pacific office and the Asian Development Bank (ADB) co-hosted an online event titled, “Trade Offs or Synergies? Data Privacy and Protection as an Engine of Data Driven Innovation” in the context of DigitalxADB. This edition was the third in ADB’s series of annual knowledge-sharing events for representatives of ADB’s […]
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Five Things Lawyers Need to Know About AI
Lawyers are trained to respond to risks that threaten the market position or operating capital of their clients. However, when it comes to AI, it can be difficult for lawyers to provide the best guidance without some basic technical knowledge. This article shares some key insights from our shared experiences to help lawyers feel more at ease responding to AI questions when they arise.