Data protection and digital competition
by Ian Brown and Douwe Korff
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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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 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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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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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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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 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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I have been thinking further about the implications in terms of the GDPR of undue access to personal data on EU persons (and others) by EU Member States’ intelligence agencies. I believe that the Court’s recognition of the regrettable “hole” in the Treaties need not be the end in this regard. In this draft paper, I discuss my line of reasoning.
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This opinion, prepared for the European Middle East Project, seeks to contribute to discussions about the future of personal data flows between the EU and Israel and the Occupied Territories (OTs).
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Lisbon’s mayor, Fernando Medina, has faced severe criticism since his officials sent information about organisers of an anti-Kremlin demonstration to the Russian embassy in Lisbon. Did the Lisbon council break the GDPR by doing so?
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