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Fundamental Right to Privacy

IP and Legal Filings

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. The right to privacy must, in other words, be evaluated case-by-case. Privacy enjoys a robust legal framework internationally.

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Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Doing age assurance/age verification raises substantial privacy risks.

Privacy 125
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Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Technology & Marketing Law Blog

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. Airbnb , the green font for the privacy policy link is NBD.

Privacy 133
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Your Child is Being Watched: EdTech and Children’s Privacy Part 2

IPilogue

As discussed in part one , Human Rights Watch (HRW) released a report in late May outlining the privacy risks school children face across the globe. However, Canada still falls behind in implementing modern privacy legislation that addresses child consent.

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Legal Tug-Of-War: Protecting Privilege in Privacy Breach Disputes

IPilogue

This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. Kaplan v Casino Rama Services Inc.

Privacy 106
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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

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Recent Privacy Regulations Concerning Automated Decision-Making Systems: Implications on AI Commercialization

IPilogue

Prior to the Covid-19 pandemic, academic discussions indicated that artificial intelligence (AI) would signify the fourth industrial revolution with tangible economic benefits and potential privacy concerns. Nowadays, privacy concerns exceed personal information protection. .

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