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Interestingly mixed reactions to the CJEU’s SRB ruling. Some: “nothing new!”. Others: “finally, relative nature of personal data confirmed!”. Why? The Court stated in unambiguous terms (paras. 77 + 86) that pseudonymised data can be non-personal data for a recipient if the technical and organisational measures of the pseudonymisation are effective and prevent access by […]
First look at SRB, on what is “personal data” and the relative nature of the concept. This part is all about how to determine if information relates to an “identifiable” natural person. The EU Court of Justice stresses the importance, in the case of pseudonymisation, of technical and organisational measures (TOMs) “to ensure that the […]
In law, the choice of words matters, and a given interpretation can mean the difference between a behaviour being permitted or prohibited. When some recently claimed that the Cologne Higher Regional Court might have misinterpreted one of the European Union’s newer data-related acts, the Digital Markets Act (DMA for short), the challenge to the judges’ […]
While I disagree with his conclusions, do read the post of Damien Desfontaines re the BfDI’s public consultation on personal data in AI models. Pity that it ends on 31 August, with the EU Court of Justice’s SRB judgment coming out on 4 September. I hope the BfDI takes a relativistic approach to the notion […]
A months-old German court decision on Google Tag Manager has resurfaced here, with many claiming the GDPR applies to every use of GTM or similar tools. A bit of nuance may be useful: – First, that claim that the use of IP addresses and other identifiers = always processing of personal data? Let’s first wait […]
Does training of AI systems involve the processing of personal data, and is it permitted under the GDPR? These were the two fundamental questions that I have already looked into in two previous articles: On the date of that second article, the Cologne Higher Regional Court (the Oberlandesgericht Köln – the Cologne HRC) delivered a […]
Reposting, as I disagree in part and think it’s a debate worth having. If someone acts as a processor under GDPR and processes information that the processor cannot lawfully link (or get linked) to an identifiable natural person but that is personal data from the perspective of the controller, the processing on behalf of the […]
The Irish Data Protection Commission’s statement of 21 May 2025 “on Meta AI” (just like the judgment coming today in a German court case) provides a great excuse to talk briefly about GDPR legal grounds & AI model training, while I continue to work on the next part of my Better Regulation series (that next […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
