Recurring themes in discussion of AI
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.
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Author: Douwe Korff
The inadequacy of the US Executive Order on Enhancing Safeguards For US Signals Intelligence Activities
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.
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The proposed new UK data protection regime & the continuing UK surveillance regime
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.
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A rights-free zone? Blank national security exemption in AI legislation
In a legal opinion prepared for the European Centre for Not-for-profit Law, I argue that AI systems that are unexplainable/ unchallengeable present an unacceptable risk and should be prohibited in both the Artificial Intelligence Act and the Council of Europe Convention on AI.
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The free speech rights of bloggers
I have prepared this Opinion for a forthcoming application on the freedom of expression rights of bloggers and other new media actors to the European Court of Human Rights.
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Israel’s Privacy Protection Act amendments and EU adequacy
Israel is in the process of updating its Privacy Protection Act. At the request of the European Middle East Project, I have updated my opinion on the adequacy in EU terms of the amended law.
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The EU’s own Snowden scandal
A note on illegal mass surveillance and bulk data data mining by Europol and the EU Member States, following the European Data Protection Supervisor’s order that Europol delete data held in its databases on individuals with no established link to a criminal activity.
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Opinion on the Passenger Name Record CJEU case
In Case-817/19, Belgium’s Constitutional Court has asked the EU Court of Justice whether the PNR Directive (2016/681) is compatible with the Charter of Fundamental Rights. On the basis of this detailed legal opinion, the CJEU should declare the Directive (like the Data Retention Directive) to be fundamentally in breach of the Charter.
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European Commission responds to Parliament’s resolution on UK adequacy
A Brussels friend shared this response from the European Commission to the Parliament, regarding its resolution on UK adequacy. My comments are interspersed.
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Comments on Tene’s quick notes on UK GDPR consultation
Comments on Omer Tene’s quick notes on the UK GDPR reform consultation, focusing mainly on the implications for data transfers and more in particular for onward transfers of personal data first transferred from the EU/EEA to the UK under the recently adopted EU Commission GDPR adequacy decision on the UK.
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