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On September 22, 2020, the Federal Trade Commission (“FTC”) hosted “Data to Go,” a virtual workshop on data portability. The workshop convened experts from civil society, academia, and industry to discuss the potential risks as well as consumer and competition benefits of data portability, as well as issues and best practices related to its implementation in legislative and industry-led initiatives. The discussions emphasized five key themes regarding data portability efforts in the U.S. and globally.
Continue Reading Five Key Themes from the FTC’s Data Portability Workshop

More than a year after the Government of India’s Committee of Experts released a draft Personal Data Protection Bill in July 2018 (the “2018 draft”), India is one step closer to passing a comprehensive data privacy law.  On December 11, 2019, India’s Minister for Electronics and Information Technology introduced an updated draft of Personal Data Protection Bill (the “Bill”) in the Lok Sabha, India’s lower house of Parliament. The Bill was referred to a Joint Select Committee composed of parliamentarians from both the lower and upper houses.

The Joint Select Committee is due to report back to the Lok Sabha before the 2020 Budget Session of Parliament, which, although dates have not yet been set, usually runs from February to March.  At that point, the government is likely to table the Bill for discussion in Parliament either in the Budget Session or in the Monsoon session, which usually runs between July and September.

The updated Bill retains the core structure of the previous draft, which closely adheres to the model provided by the GDPR.  There are, however, noteworthy changes in this most recent Bill, including to some of the more controversial features of the 2018 draft, such as data localization requirements and provisions carrying criminal penalties.  The Bill also includes requirements that did not appear in the first draft, such as an enhanced right to erasure, obligations that attach to “anonymous data,” and specific requirements for “social media intermediaries.”  A new requirement for rulemaking by the data protection authority (“DPA”) could provide additional opportunities for public consultation.

Below we summarize the key changes in this most recent draft of the Bill.  To see all the changes from the 2018 draft, please click here.
Continue Reading India Proposes Updated Personal Data Protection Bill

On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”).

The AI HLEG is an independent expert group established by the European Commission in June 2018.  The Recommendations are the second deliverable of the AI HLEG; the first was the Group’s Ethics Guidelines of April 2019, which defined the contours of “Trustworthy AI” (see our previous blog post here).  The Recommendations are addressed to policymakers and call for 33 actions to ensure the EU, together with its Member States, enable, develop, and build “Trustworthy AI” – that is, AI systems and technologies that reflect the AI HLEG’s now-established ethics guidelines.  Neither the Ethics Guidelines nor the Recommendations are binding, but together they provide significant insight into how the EU or Member States might regulate AI in the future.

Throughout the remainder of 2019, the AI HLEG will undertake a number of sectoral analyses of “enabling AI ecosystems” — i.e., networks of companies, research institutions and policymakers — to identify the concrete actions that will be most impactful in those sectors where AI can play a strategic role.


Continue Reading Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI