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If A pseudonymises personal data of person Z and sends it to B, is it personal data from B’s perspective, even if B is never allowed to get additional information [=AddInfo] allowing the identification of Z? The EDPB suggests “yes” in its latest guidance on pseudonymisation. Based on the definition of pseudonymisation under the GDPR, […]
The Bindl judgment is significant. Some positives for controllers/processors: (i) hypothetical, unproven data transfers are not transfers (“the mere risk of access to personal data by a third country cannot amount to a transfer of data” – para. 135);(ii) repeating the principle (for EU Institutions’ non-contractual liability, but similar ones exist in most countries) that […]
First thoughts on the CJEU’s Mousse judgment (“is Mr/Mrs necessary?”): (i) alternative apparently required to each personalisation; (ii) data minimisation is inherent to the assessment of (strict) necessity; (iii) the risk of discrimination has an impact on a legitimate interest assessment. I’ll focus for now on (i). The CJEU appears to require the offering of […]
The European Data Protection Board is at it again: an urgent procedure has been launched to obtain clarification on “some of the core issues that arise in the context of processing for the purpose of developing and training an AI model”. The aim? To bring “some much needed clarity into this complex area”. Yet the […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]
