Data protection and digital competition
by Ian Brown and Douwe Korff
Over 30 European police forces have (yet again) attacked the increasing deployment of end-to-end encryption. This is how powerful policy stakeholders (like law enforcement and big business) often win arguments. They never, ever give up, repeating the same arguments ad nauseam — over decades if necessary — regardless of any evidence which emerges.
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Wikimedia has blocked anyone using Virtual Private Networks, including Apple’s Private Relay service, from editing pages — even when logged in 😬 It’s easier to block wiki-vandals if they can’t easily hop from one IP address to another. But it means anyone using a VPN to protect their privacy — including Tor and Apple’s Private Relay — is collateral damage.
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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.
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Our responses to chapter 3 of Lord Anderson’s review of the UK Investigatory Powers Act, on the use of bulk datasets with “low/no expectation of privacy” by the intelligence agencies.
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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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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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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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Thanks to Tilburg’s Global Data Justice project for the invitation to speak on their CPDP panel this week to launch their excellent new report, Digital disruption or crisis capitalism? I used the case of England’s contact-tracing app to further illuminate some elements of the report, based on a book chapter of mine which should be published this autumn.
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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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