Data protection and digital competition
by Ian Brown and Douwe Korff
This analysis explains why the EU bans on Russian media outlets, and the Court of Justice judgment in RT France v. Council relating to them, are wrong. The bans limit the right of individuals in the EU to receive such information and ideas, while EU rules on sanction violations can easily lead to the use of the criminal law against individuals in the EU for non-violent political speech.
Continue reading
As well as the Belgian Data Protection Authority decision I criticised earlier this week, it appears the French DPA has issued similar guidance on the use of personal data to train AI models. My detailed analysis below shows that, in relation to purpose-specific AI systems, it makes no sense: the training of the system cannot be separated from the ultimate purpose of the system. This has a major bearing on the issue of compatibility.
Continue reading
On 15 March, the Belgian Data Protection Authority issued a decision under the GDPR on the use, by a bank, of the transaction data of its customers to build direct marketing data models. This analysis shows why that decision was fundamentally flawed.
Continue reading
This new analysis identifies at least five areas where the final text of the EU AI Act on law enforcement use of “real time” remote biometric identification (RBI) systems in publicly accessible spaces could be improved from a fundamental rights perspective.
Continue reading
On 17 October 2023, the UK First-Tier Tribunal held the use of the surveillance system offered by the US company Clearview by non-UK law enforcement and intelligence agencies constituted “an activity which, immediately before [Brexit] completion day, fell outside the scope of EU law”, and hence the GDPR. In this brief analysis, I look at why the Tribunal came to this conclusion, and show it is fundamentally flawed.
Continue reading
I conclude that four of the five scenarios analysed by Calo et al. under US law should be criminalised under the Council of Europe’s Cybercrime Convention, but one should not.
Continue reading
The European Data Protection Supervisor Opinion is a well-meant but ultimately futile and doomed attempt to put parts of a thing – the Commission’s proposed framework for financial data sharing – into a box – the General Data Protection Regulation (GDPR) – from which it is designed to escape.
Continue reading
Certain themes keep coming up in discussions of “AI”/machine learning I’ve written about before. To make it easier to refer to them, I’ve just published two new documents.
Continue reading
The new US Executive Order does not change the fact the US authorities insist on carrying out indiscriminate, untargeted mass surveillance, also of EU persons and EU governmental and non-governmental entities, by means of bulk collection of data, without independent substantive judicial oversight or effective redress.
Continue reading
If the Data Protection and Digital Information Bill is adopted as proposed, the UK data protection regime will be significantly less strict than – i.e., not “essentially equivalent” to – the EU GDPR regime, and undermine the EU regime.
Continue reading
Recent Comments