Preemption in US Federal Privacy Laws
This post is the first in an ongoing series on federal preemption and enforcement in United States federal privacy legislation. As federal lawmakers consider proposals for a federal baseline privacy law in the United States, one of the most complex challenges is federal preemption, or the extent to which a federal law should nullify the […]
India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
The majority of these provisions were unanticipated, resulting in a raft of petitions filed in High Courts across the country challenging the validity of the various aspects of the Rules, including with regard to their constitutionality.
Privacy Trends: Four State Bills to Watch that Diverge from California and Washington Models
During 2021, state lawmakers have proposed a range of models to regulate consumer privacy and data protection. As the first state to pass consumer privacy legislation in 2018, California established a highly influential model with the California Consumer Privacy Act. In the years since, other states have introduced dozens of nearly identical CCPA-like state bills. […]
A New Era for Japanese Data Protection: 2020 Amendments to the APPI
The recent amendments to Japan’s data protection law contain a number of new provisions certain to alter – and for many foreign businesses, transform – the ways in which companies conduct business in or with Japan.
The right to be forgotten is not compatible with the Brazilian Constitution. Or is it?
Author: Dr. Luca Belli Dr. Luca Belli is Professor at FGV Law School, Rio de Janeiro, where he leads the CyberBRICS Project and the Latin American edition of the Computers, Privacy and Data Protection (CPDP) conference. The opinions expressed in his articles are strictly personal. The author can be contacted at [email protected]. The Brazilian Supreme Federal […]
India: Massive overhaul of digital regulation, with strict rules for take-down of illegal content and Automated scanning of online content
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 of […]
Policy Fellowship
FPF works to advance responsible data practices. Staffed with experts in law, technology, and public policy, FPF operates on the belief that technological innovation and new uses of data can help solve big societal problems and improve lives. Technological innovation must be accompanied by fresh privacy thinking, so that it is possible to build a […]
Emerging Patchwork or Laboratories of Democracy? Privacy Legislation in Virginia and Other States
Stacey Gray, Pollyanna Sanderson & Samuel Adams In the absence of federal privacy legislation, U.S. states are weighing in. In Virginia, the “Consumer Data Protection Act” (“CDPA”) (HB 2307 / SB 1392) could be signed into law within weeks, and if passed, would take effect on Jan. 1, 2023. If the law passes, it would […]
Policy Fellow, Youth & Education Privacy
The Future of Privacy Forum (FPF) is a non-profit organization that serves as a catalyst for privacy leadership and scholarship, advancing principled data practices in support of emerging technologies. The Youth & Education Privacy team advises policymakers, academics, companies, districts, and states on child and student privacy law and best practices; oversees the Education Privacy […]
Schrems II: Article 49 GDPR derogations may not be so narrow and restrictive after all?
by Rob van Eijk and Gabriela Zanfir-Fortuna On January 28, 2021, the German Federal Ministry of the Interior organized a conference celebrating the 40th Data Protection Day, the date on which the Council of Europe’s data protection convention, known as “Convention 108”, was opened for signature. One of the invited speakers and panelists was Prof. […]