Data protection and digital competition
by Ian Brown and Douwe Korff
Part A of Mario Draghi’s report for the EU on “competitiveness” reform was published this morning. In one sentence, he concludes: “Europe must profoundly refocus its collective efforts on closing the innovation gap with the US and China, especially in advanced technologies.”
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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.
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More excitement as the world cleans up after Friday’s global IT chaos, caused directly by poor CrowdStrike testing processes and marking its software as essential to Windows booting — but indirectly by Microsoft allowing inadequately tested/sandboxed code to run in “kernel” mode on PCs, where it can/did cause a system crash on around 8.5m Windows PCs globally and billions of dollars of insured damage.
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In December, German research agency WIK published an interesting (critical) study on the DMA NIICS interoperability requirements. I have innovation-related questions 🧐
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You have to analyse every Apple announcement through the lens of how it plans to maintain its market power and attack regulation. So, will Apple’s promised Rich Communication Services (RCS) support make iMessage fully interoperable at least with Google’s Messages? What would the most grudging compliance with Chinese 5G regulations look like?
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Prof. David Erdos has shared his latest (excellent) research showing i) little UK GDPR enforcement, ii) a worrying gap with formal law expectations & iii) limited accountability for this. I hope the European Commission is not going down the same route with the Digital Markets Act.
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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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Forthcoming reports for the EU by two former Italian prime ministers, “Super” Mario Draghi and Enrico Letta, are likely to be very influential on the next European Commission and Parliament. Here are some potentially far-reaching tech regulation-related comments they’ve made so far.
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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.
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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.
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