Data protection and digital competition
by Ian Brown and Douwe Korff
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.
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This is often a critique of data protection as a mechanism for AI regulation. But especially when combined with human rights and specific anti-discrimination law, how much of a gap does that leave?
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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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Elon Musk’s takeover of Twitter is providing a great large-scale natural experiment on a number of aspects of interoperability, as tens of thousands of users at least partially switch to alternative services, particularly in the interoperable Fediverse. Can we turn the migration into a stampede?
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I enjoyed listening to Ariel Ezrachi and Maurice Stucke’s new book on competition policy and innovation more than I expected. How Big-Tech Barons Smash Innovation—and How to Strike Back is beautifully written and full of zingers.
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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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The EU and US announced on 25 March they have “agreed in principle on a new Trans-Atlantic Data Privacy Framework”. But there is little in the announcement of the “political”/“in principle” agreement suggesting the EU Court of Justice’s high standards will be met.
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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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