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Category Archives: EU Data Protection

One Law to Rule Them All? The Reach of EU Data Protection Law after the Google v CNIL Case

Bougiakiotis, Emmanouil, One Law to Rule Them All? The Reach of EU Data Protection Law after the Google v CNIL Case (August 17, 2020). (2021) 42 Computer Law and Security Review 105580, Available at SSRN: https://ssrn.com/abstract=3675660

“Ever since the Internet came about, it has set a vast number of challenges regarding how to tackle some of its characteristics that were unprecedented. One of the most prominent areas where technology challenged the established doctrines of the law is that of jurisdiction. As is well-known, the Internet knows no borders, which at times poses difficult questions on states regarding how to exercise jurisdiction and in particular how to pursue their interests without interfering illegitimately with other states. In Google v CNIL, the Court of Justice of the European Union was called to decide whether European data protection law could apply globally and under what conditions. This paper critically assesses this ruling of the Court as well as the repercussions to which it might lead. Beside certain important problems regarding how this judgment sits within the broader body and practice of European data protection law, this paper discusses how it could influence the discussion about sovereignty and the Internet in general.”

The Right to be Forgotten and its Unintended Consequences to Intelligence Gathering

Goldfield, Charlene, ‘The Right to be Forgotten’ and its Unintended Consequences to Intelligence Gathering (July 1, 2020). Volume 32, Issue 2, Winter 2020 , Available at SSRN: https://ssrn.com/abstract=3898887 “Social media has dramatically changed how we interact and communicate with one another. The reliance on social media has also sparked many international debates revolving around privacy.… Continue Reading

New STOA study on deepfakes and European policy

European Parliamentary Research Service: “…Cutting-edge artificial intelligence (AI) techniques have enabled the production of highly realistic videos that manipulate how people look, and the things that they appear to say or do. These fabrications are commonly referred to as ‘deepfakes’. The Panel for the Future of Science and Technology (STOA) commissioned a study to examine… Continue Reading

Who did that website belong to?

Tools for Reporters: “You may already be familiar with WHOIS, the directory of website registrants. Under ICANN rules, you have to have contact info registered for a domain, and that contact info used to be public. Sadly, that changed in 2018 and much of the information is now redacted. But! A tool called WHOIS History… Continue Reading

Privacy Design Strategies and the GDPR: A Systematic Literature Review

Saltarella M., Desolda G., Lanzilotti R. (2021) Privacy Design Strategies and the GDPR: A Systematic Literature Review. In: Moallem A. (eds) HCI for Cybersecurity, Privacy and Trust. HCII 2021. Lecture Notes in Computer Science, vol 12788. Springer, Cham. https://doi.org/10.1007/978-3-030-77392-2_16 “Article 25 of the GDPR states that data collection, processing and management measures should be implemented… Continue Reading

New Report on Children’s Online Privacy and Data Protection Published

In Custodia Legis: “The Law Library recently published a new report on the protection of children online. The report, titled Children’s Online Privacy and Data Protection, surveys ten jurisdictions on the special measures they have put in place to protect children online. The jurisdictions are the European Union (EU) member states of Denmark, France, Germany,… Continue Reading

Artificial Intelligence as a Service: Legal Responsibilities, Liabilities, and Policy Challenges

Cobbe, Jennifer and Singh, Jatinder, Artificial Intelligence as a Service: Legal Responsibilities, Liabilities, and Policy Challenges (April 12, 2021). Forthcoming in Computer Law & Security Review, Available at SSRN: https://ssrn.com/abstract=3824736 or http://dx.doi.org/10.2139/ssrn.3824736 “Artificial Intelligence as a Service (‘AIaaS’) will play a growing role in society’s technical infrastructure, enabling, facilitating, and underpinning functionality in many applications.… Continue Reading

How data trusts can protect privacy

MIT Technology Review – “…Data trusts are a relatively new concept, but their popularity has grown quickly. In 2017, the UK government first proposed them as a way to make larger data sets available for training artificial intelligence. A European Commission proposal in early 2020 floated data trusts as a way to make more data… Continue Reading

Data protection: European Commission launches process on personal data flows to UK

European Commission – “Today, the Commission launched the process towards the adoption of two adequacy decisions for transfers of personal data to the United Kingdom, one under the General Data Protection Regulation and the other for the Law Enforcement Directive. The publication of the draft decisions is the beginning of a process towards their adoption.… Continue Reading

How much access to data should be permitted during the COVID-19 pandemic?

Harvard Law Today – Urs Gasser explores the risks and benefits of mining data to combat COVID-19: “…Privacy and data protection issues vary greatly depending on the types of data, use cases, and actors involved. And countries around the world have very different baselines and practices in place determining how such rights are protected. European… Continue Reading

Charting a Way Forward – Online Content Regulation

Monika Bickert, VP Content Policy, Facebook: “…This paper explores possible regulatory structures for content governance outside the United States and identifies questions that require further discussion. It builds off recent developments on this topic, including legislation proposed or passed into law by governments, as well as scholarship that explains the various content governance approaches that… Continue Reading

CMA lifts the lid on digital giants

“The UK Competition and Markets Authority (CMA) interim report has found that: Last year, Google accounted for more than 90% of all revenues earned from search advertising in the UK, with revenues of around £6 billion In the same year, Facebook accounted for almost half of all display advertising revenues in the UK, reaching more… Continue Reading