IAB Canada launches Transparency Consent Framework
December 5, 2022
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Advocates Urge Lawmakers Not to Pass Kids Online Safety Act
90+ advocacy groups sent a letter urging lawmakers not to move the Kids Online Safety Act (KOSA) forward this session due to potential “unintended consequences” posed by the bill.
Specifically, among other concerns, the groups fear that requiring covered online services to place limits on use by minors would incentivize such services to collect more personal information to verify age, increasing risk to all users.
Rather than encouraging controls specific to minors, the letter recommended passing comprehensive privacy legislation to protect all users.
Regardless of whether KOSA passes, online services “likely to be accessed by children” under the age of 18 may soon be required to implement mechanisms to estimate the age of users “with a reasonable level of certainty” if they are covered by the California Age Appropriate Design Code, which goes into effect July 1, 2024.
The law does not provide specifics as to what mechanisms online services should deploy to meet the law’s requirements, or whether collection of additional personal information could or should be part of that process.
Australia Parliament Passes Amendment to Enhance Privacy Enforcement
A bill amending three Australian privacy laws passed both the Australia House of Representatives and Senate and will be presented to the Governor-General for assent.
If approved, the amendments will increase penalties for “serious or repeated interferences with privacy” and provide the Office of the Australian information Commissioner with enhanced enforcement and information sharing powers.
The bill will also amend the extraterritorial jurisdiction of the Privacy Act to ensure foreign organizations that carry on a business in Australia must meet the obligations under the Act, even if they do not collect or hold Austrlalians’ information directly from a source in Australia.
Australia’s Privacy Act currently sets out 13 Australian Privacy Principles, including requirements regarding collection and handling of personal information, required disclosures to individuals, direct marketing, cross-border disclosures, security, and user rights.
The Information Commissioner’s office currently has certain assessment powers under the Privacy Act, but this bill, if approved, would significantly strengthen their enforcement powers.
The bill would also make clear an issue of extra-territorial jurisdiction that has been the subject of an ongoing dispute between the Australian Information Commissioner’s Office and Facebook.
IAB Canada Launches Transparency Consent Framework
IAB Canada announced the launch of the Transparency and Consent Framework for Canada (TCF Canada), a set of technical specifications and policy documents designed to help the digital marketing and advertising ecosystem to communicate with and extend options to end users regarding the use of their data.
Registration is open for vendors and CMPs who wish to participate in TCF Canada.
WHY IT MATTERS
TCF Canada is based off of the IAB Europe TCF but is designed to help players in the online ecosystem comply with Canadian, rather than Europe, privacy law.
TCF Canada is part of IAB Tech Lab’s new Global Privacy Platform (GPP), which will support privacy frameworks across jurisdictions, including Europe, Canada, U.S., and eventually others.
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A Little Privacy, Please weekly recaps are provided for general, informational purposes only, do not constitute legal advice, and should not be relied upon for legal decision-making. Please consult an attorney to determine how legal updates may impact you or your business.
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