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Category Archives: EU Data Protection

Human Rights, and Algorithmic Opacity

Lu, Sylvia Si-Wei, Data Privacy, Human Rights, and Algorithmic Opacity (May 6, 2022). California Law Review, Vol. 110, 2022 Forthcoming, Available at SSRN: https://ssrn.com/abstract=4004716

“Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. In many cases, machine-learning-based AI systems have become “the power behind the throne,” tracking user activities and making fateful decisions through predictive analysis of personal information. However, machine-learning algorithms can be technically complex and legally claimed as trade secrets, creating an opacity that hinders oversight of AI systems. Accordingly, many AI-based services and products have been found to be invasive, manipulative, and biased, eroding privacy rules and human rights in modern society. “The emergence of advanced AI systems thus generates a deeper tension between algorithmic secrecy and data privacy. Yet, in today’s policy debate, algorithmic transparency in a privacy context is an issue that is equally important but managerially disregarded, commercially evasive, and legally unactualized. This Note illustrates how regulators should rethink strategies regarding transparency for privacy protection through the interplay of human rights, disclosure regulations, and whistleblowing systems. It discusses how machine-learning algorithms threaten privacy protection through algorithmic opacity, assesses the effectiveness of the EU’s response to privacy issues raised by opaque AI systems, demonstrates the GDPR’s inadequacy in addressing privacy issues caused by algorithmic opacity, and proposes new algorithmic transparency strategies toward privacy protection, along with a broad array of policy implications and suggested moves. The analytical results indicate that in a world where algorithmic opacity has become a strategic tool for firms to escape accountability, regulators in the EU, the US, and elsewhere should adopt a human-rights-based approach to impose a social transparency duty on firms deploying high-risk AI techniques.”

The Limitations of Privacy Rights

Solove, Daniel J., The Limitations of Privacy Rights (February 1, 2022 / 50 pages). 98 Notre Dame Law Review — (Forthcoming 2023), Available at SSRN: https://ssrn.com/abstract=4024790 or http://dx.doi.org/10.2139/ssrn.4024790 “Individual privacy rights are often at the heart of information privacy and data protection laws. The most comprehensive set of rights, from the European Union’s General Data… Continue Reading

The Limitations of Privacy Rights

Solove, Daniel J., The Limitations of Privacy Rights (February 1, 2022). 98 Notre Dame Law Review — (Forthcoming 2023), Available at SSRN: https://ssrn.com/abstract=4024790 or http://dx.doi.org/10.2139/ssrn.4024790 “Individual privacy rights are often at the heart of information privacy and data protection laws. The most comprehensive set of rights, from the European Union’s General Data Protection Regulation (GDPR),… Continue Reading

Europe Is Building a Huge International Facial Recognition System

Wired: “For the past 15 years, police forces searching for criminals in Europe have been able to share fingerprints, DNA data, and details of vehicle owners with each other. If officials in France suspect someone they are looking for is in Spain, they can ask Spanish authorities to check fingerprints against their database. Now European… Continue Reading

European Publishers Council files EU Complaint against Google for Anti-Competitive Ad Tech practices

“The European Publishers Council has today filed an antitrust complaint against Google with the European Commission in a bid to break the ad tech stranglehold Google currently has over press publishers, and all other businesses in the ad tech ecosystem. Specifically, the EPC calls on the European Commission to hold Google accountable for its anticompetitive… Continue Reading

Today is Data Privacy Day. Here’s what you need to do to secure your info

CNET: “There’s no shortage of made-up national holidays. Among the fabricated celebrations: Houseplant Appreciation Day, Irish Coffee Day and Bubble Wrap Day. However, there is one such holiday actually worth observing: Data Privacy Day, which happens to be today. It’s a good reminder to check up on the safety of your personal data. The holiday began… Continue Reading

The ‘Brussels Effect’ of the EU’s ‘AI Act’ on Data Privacy Outside Europe

Greenleaf, Graham, The ‘Brussels Effect’ of the EU’s ‘AI Act’ on Data Privacy Outside Europe (June 7, 2021). (2021) 171 Privacy Laws & Business International Report 1, 3-7, UNSW Law Research, Available at SSRN: https://ssrn.com/abstract=3898904 “The European Commission’s publication of a proposal for a Regulation on Artificial Intelligence (also described as an ‘AI Act’) is… Continue Reading

Google v Commission (Google Shopping): A Case Summary

Moreno Belloso, Natalia, Google v Commission (Google Shopping): A Case Summary (November 17, 2021). Available at SSRN: https://ssrn.com/abstract=3965639 or http://dx.doi.org/10.2139/ssrn.3965639 “On June 27, 2017, the European Commission imposed a record fine of 2.4 billion EUR on Google for violating EU competition law. More specifically, the Commission issued a decision finding that Google had infringed Article… Continue Reading

Digitized Data as a Political Object

“Digitized data is used as a powerful tool: national security actors see it as a surveillance tool, and the Information, Communications, and Technology (ICT) sector treats it as an economic commodity with great financial value. Fundamental to the findings in this book, data is now tied to your personal identity, and is therefore worthy of… Continue Reading

Global State of Democracy in 2021 Report

“Democracy faces perfect storm as the world becomes more authoritarian Many democratic governments are increasingly adopting authoritarian tactics, accentuated by the Covid-19 pandemic, while autocratic regimes are consolidating their power. The world is becoming more authoritarian as autocratic regimes become even more brazen in their repression. Many democratic governments are backsliding and are adopting authoritarian… Continue Reading

Workplace monitoring is everywhere. Here’s how to stop algorithms ruling your office

ZDNet – A new report lays out five recommendations to protect us from the rapid rise of automated workplace-monitoring and decision-making tools…The group’s report, The New Frontier: Artificial Intelligence at Work, came as the European Commission’s Joint Research Council published separate research on electronic monitoring and surveillance in the workplace. It too found that explosive growth… Continue Reading

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… Continue Reading