EDPB Adopts Opinion on the Validity of the “Consent or Pay” Model for Behavioral Advertisement

By Destiny Ginn

On April 17, 2024, The European Data Protection Board (‘EDPB’) issued an opinion on whether “consent or pay” models used by large online platform services are valid consent mechanisms under the GDPR. The EDPB stated, “In most cases, it will not be possible for large online platforms to comply with requirements for valid consent if they confront users only with a binary choice between consenting to the processing of personal data for behavioral advertising purposes and paying a fee.”  If adopted, this opinion would ultimately change how valid legitimate consent is obtained by large and possibly small businesses.

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Assessing 'necessity' under state health privacy laws

By Felicity Slater and Kate Black in partnership with Future of Privacy Forum’s Jordan Wrigley, and Niharika Vattikonda

Washington state's My Health My Data Act and Nevada's Senate Bill 370 took effect 31 March, prompting entities that collect "consumer health data," as broadly defined by these laws, to assess their data collection, use and sharing through a novel lens. A unique requirement born out of these laws requires that entities analyze which elements of their health data collection, use and sharing are "necessary" to provide products or services requested by their consumers.

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Adapting Privacy Programs for New Challenges: Your H1 2024 Roadmap

By Sam Castic

This past year has been a busy year for privacy leaders and professionals, and the pace of change underscores that reactive approaches to new laws, regulations, and enforcement actions are not effective ways to build or scale privacy programs.  Laws and risks will continue to evolve, and strategically planning and evolving existing privacy programs may be the best way to keep them effective. 

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Draft California Automated Decisionmaking Technologies Regulations to Be Revised Before Formal Rulemaking

By Charlotte Lunday

On December 8, 2023, the CPPA met to discuss these and other proposals they are considering for formal rulemaking in 2024. The December 8th meeting produced lively discussions and ultimately concluded with a motion (which passed) to provide CPPA staff more time to solicit individual feedback from Board members to revise the current draft of ADMT and risk assessment regulations.

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California Issues Discussion Draft of Regulations on Automated Decision-Making Technology Ahead of Board Meeting  

By Charlotte Lunday

On November 27, 2023, the California Privacy Protection Agency (“CPPA”) issued a discussion draft of regulations on automated decisionmaking technology (“Discussion Draft on ADT”) and amended regulations on risk assessments (“Discussion Draft on Risk Assessments”) (collectively, “the Discussion Drafts”). The Discussion Drafts include requirements related to (1) notice, (2) opt-outs, and (3) access rights, which are discussed below. Importantly, the CPPA has not initiated the formal rulemaking process and the Discussion Drafts are intended only to “facilitate Board discussion and public participation.” The CPPA’s announcement of these Discussion Drafts indicates that formal rulemaking will not begin until 2024, although the exact timing is still unknown.  

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