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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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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On 17 October 2023, the UK First-Tier Tribunal held the use of the surveillance system offered by the US company Clearview by non-UK law enforcement and intelligence agencies constituted “an activity which, immediately before [Brexit] completion day, fell outside the scope of EU law”, and hence the GDPR. In this brief analysis, I look at why the Tribunal came to this conclusion, and show it is fundamentally flawed.
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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 UK’s “National Cyber [?] Force” has for the first time published detailed information about its work. But how can such a clandestine agency get genuinely independent advice?
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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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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 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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