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Digital Omnibus & ePrivacy: good intentions but bad outcome. While I have praised the Commission’s attempt at GDPR-related pragmatism (though a good idea re special categories of data didn’t make it), I have remained silent on the ePrivacy front. There, the proposal is not good in my view. It would create an alternative to Art. […]
Do (re)watch our 53-minute civilised, proper debate on some of the key GDPR parts of the Digital Omnibus proposal! From the notion of “personal data” to special categories of data, AI development & training and even scientific research, a lot of ground covered from two perspectives. [I had a few awkward moments of the “unmute” […]
From fishing (instead of the GDPR) to a random “v” having appeared instead of a few words (a typo upon deletion?), the Commission’s GDPR & Data Act Omnibus feels like a rushed document. But what does it cover really? I’m focussing here on GDPR & ePrivacy: – Personal data definition: I like the idea of […]
On some topics our views may differ, but on the future of data protection rules, I find that Mark and I are pretty aligned. Dr M.R. (Mark) Leiser’s comments come from the observation that the law needs to *make sense* to be effective, and where the law isn’t the problem to start with but its […]
Privacy-enhancing technologies: “death by ePrivacy”? PETs were on the agenda of the IAPP DPC24 in Brussels this week, but few talked about the dangers to PETs caused by evolving positions of regulators. PETs (for ads with less data, content-focussed analytics, etc.) are being worked on by companies of all backgrounds and sizes and touted as […]
Key points from (& thoughts on) draft GDPR Digital Omnibus: First, Art. 4(1) GDPR would be completed with an SRB-like statement (great news), plus a mitigation of abusive interpretation of the Scania judgment (also great news). Art. 4(15) on “data concerning health” would also finally be more specific, avoiding some of the more awkward and […]
Some thoughts on today’s EDPB “Pay or Consent” stakeholder event – in practice one about the future of GDPR enforcement, consent, adtech and even the future of the Internet: – At times, things got heated in our breakout room between two camps, typically privacy rights campaigners + contextual ad solution providers on the one hand […]
The AI literacy point is very interesting. AI literacy is one of those odd obligations: on paper, it makes sense, but in practice it’s sadly often been used to offer training on AI usage principles without knowing which AI systems are actually (going to be) used. I’m keener on ensuring that any person using an […]
The uncovering of a dataset with information on the movements and even domicile of European Commission officials is an important reminder that, as with every other technology or data point, location data can be abused. Since the news broke out, I have seen several seizing upon it to say that data brokers are inherently illegal […]
These excerpts from the Getty v Stability judgment will be interesting for data protection professionals to look at, not just copyright professionals: – Judge: “Stable Diffusion does not itself store the data on which it was trained” [para. 552 of the judgment] – Expert report: “Rather than storing their training data, diffusion models learn the […]