What Happened to the Risk-Based Approach to Data Transfers?
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. This blog is a summary of a longer academic paper which can be downloaded here. The guest blog reflects the opinion of the author only. Guest blog posts […]
FPF Report: Automated Decision-Making Under the GDPR – A Comprehensive Case-Law Analysis
On May 17, the Future of Privacy Forum launched a comprehensive Report analyzing case-law under the General Data Protection Regulation (GDPR) applied to real-life cases involving Automated Decision Making (ADM). The Report is informed by extensive research covering more than 70 Court judgments, decisions from Data Protection Authorities (DPAs), specific Guidance and other policy documents […]
Diverging fining policies of European DPAs: is there room for coherent enforcement of the GDPR?
The European Union’s (EU) General Data Protection Regulation (GDPR) puts forward a non-exhaustive list of criteria in Article 83 that Data Protection Authorities (DPAs) need to consider when deciding whether to impose administrative fines and in determining their amount in specific cases. Notoriously, the ceiling for administrative fines put forward by the GDPR is high […]
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.
At the intersection of AI and Data Protection law: Automated Decision-Making Rules, a Global Perspective (CPDP LatAm Panel)
On Thursday, 15th of July 2021, the Future of Privacy Forum (FPF) organised during the CPDP LatAm Conference a panel titled ‘At the Intersection of AI and Data Protection law: Automated Decision Making Rules, a Global Perspective’. The aim of the Panel was to explore how existing data protection laws around the world apply to profiling and automated decision making practices.
Event Report: Brussels Privacy Symposium 2020 – Research and the Protection of Personal Data Under the GDPR
On December 2, 2020, the Future of Privacy Forum (FPF) and the Brussels Privacy Hub of Vrije Universiteit Brussel (VUB) hosted the Brussels Privacy Symposium 2020: Research and the protection of Personal Data Under the GDPR. The event, convened by FPF CEO Jules Polonetsky and Dr. Christopher Kuner, Co-Chair of the Brussels Privacy Hub, brought together […]
The European Commission Considers Amending the General Data Protection Regulation to Make Digital Age of Consent Consistent
The European Commission published a Communication on its mandated two-year evaluation of the General Data Protection Regulation (GDPR) on June 24, 2020 in which it discusses as a future policy development “the possible harmonisation of the age of children consent in relation to information society services.” Notably, harmonizing the age of consent for children across […]
FPF Releases New Report on GDPR Guidance for US Higher Education Institutions
Today, FPF released The General Data Protection Regulation: Analysis and Guidance for US Higher Education Institutions by Senior Counsel Dr. Gabriela Zanfir-Fortuna. The new report contains analysis and guidance to assist United States-based higher education institutions and their edtech service providers in assessing their compliance with the European Union’s General Data Protection Regulation (GDPR).
Close to the Finish Line: Observations on the Washington Privacy Act
By: Stacey Gray and Gabriela Zanfir-Fortuna * We wrote last week that Washington State seems poised to become the second US state to pass a major comprehensive privacy bill. The proposed Washington Privacy Act (WPA) would be mostly aligned with the EU’s GDPR, the global gold standard for data protection (although there are still some […]
A New U.S. Model for Privacy? Comparing the Washington Privacy Act to GDPR, CCPA, and More
By Stacey Gray, Pollyanna Sanderson, and Katelyn Ringrose Download a printable version of this report (pdf). As Congress continues to work toward drafting and passing a comprehensive national privacy law, state legislators are not slowing down. In Washington State, a new comprehensive privacy law is moving quickly: last week, the Washington Privacy Act (SSB 6281) […]