The Data Protection and Digital Information (No. 2) Bill (DPDIB) has been introduced to Parliament on the 8th of March 2023. It is not a complete revamp of the first Data Protection and Digital Information Bill, but this time the intention is firm. The Department of Science, Innovation and Technology (DSIT) is determined to have … Continue reading
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What if ChatGPT was much more than a chatbox? What if LLM-as-a-service was a search engine?
The Digital Services Act (DSA) is certainly one of the most interesting pieces of legislation adopted by the European Unions in the last few years. Just like the old e-commerce Directive (ECD), the DSA targets providers of intermediary services (i.e., the mere conduit, caching and hosting providers of this world) who continue to enjoy conditional … Continue reading
ChatGPT is banned? When Data Protection meets Online Safety!
Here we are! It took the Italian Data Protection Supervisory Authority (SA) only a few months to react to the widespread use of ChatGPT. On 30 March the SA ordered the immediate suspension of the processing of the personal data of data subjects located in Italy. OpenAI has been quick to react to the order, … Continue reading
content regulation / Copyright / Data protection / filtering / GDPR / Internet intermediaries / notice-and-action
The EU Commission and the tackling of illegal content: is more too much?
The European Commission (EC) Recommendation of 1.3.2018 on measures to effectively tackle illegal content online (C(2018) 1177 final) is now freely accessible. As readers know, this is not the first time the EC has attempted to express meaningful thoughts (for lack of a better word, as once again the instrument is not strictly speaking … Continue reading
Data Protection and data analytics: what is Art. 29 WP really saying to businesses wanting to innovate with data?
In three-month time, the General Data Protection Regulation (GDPR), will become applicable to many, if not all, data processing activities to which living individuals can be associated. Businesses operating in Europe have had about two years to prepare for this change. As readers know, even if the GDPR is a lengthy piece of … Continue reading
Online platforms & copyright: The CJEU v The EC?
Boosting the EU Digital Single Market is not an easy task. Full of energy, the European Commission (EC) disclosed its strategy one year ago in the Communication on Online Platforms and the Digital Single Market, in which it announced that “in the next copyright package, to be adopted in the autumn of 2016, the Commission … Continue reading
big data / Consumer data / GDPR / Legitimate interest / metadata / Privacy impact assessment / pseudonymisation
EU Article 29 Working Party consults on draft guidance on automated decision-making and profiling
“Computer says ‘No’”? …So, what exactly do the regulators think that the GDPR says in response? Last month, the Article 29 Working Party (Art.29 WP) announced that it is seeking feedback on draft Guidelines on automated individual decision-making including profiling (WP251) under the General Data Protection Regulation ((EU) 2016/679) (GDPR) in advance of its arrival … Continue reading
data controller / data protection agencies / facebook / GDPR / General Data Protection Regulation / Jurisdiction / liability / online platforms / Personal data / Social media
CJEU Advocate General opines on the definition of a data controller, applicable national law, and jurisdiction under data protection law
‘Cruise control for the social media age, or stuck in second gear?’ The issue of defining data controllership is “particularly thorny” says AG, and looking to become thornier as complete control is becoming less and less common in practice Last month, Advocate General (AG) Bot of the Court of Justice of the EU (CJEU) delivered … Continue reading
content regulation / Copyright / Data protection / filtering / freedom of expression / Human rights / illegal content / Internet intermediaries / notice-and-action / notice-and-take down / online platforms
Data Protection and Copyright: Could Art. 29 WP guidance on automated decision-making “help” with filters?
In its own way, the pan-EU Article 29 Data Protection Working Party (Art. 29 WP) has been very active in the past few months. One of the most awaited piece of advice released by Art. 29 WP this month covers automated individual decision-making and profiling for the purposes of Regulation 2016/679 (Opinion WP 251). Why … Continue reading
The EU approach to content regulation online bis: tackling (il)legal content online with real-world identities?
Among the policy objectives to pursue in order to ensure the flourishing of the Digital Single Market, one finds here: “Updating EU audiovisual rules and working with platforms to create a fairer environment for everyone, promote European films, protect children and tackle hate speech.” Clicking on ‘platforms,’ one can also read: “Online platforms are an important part of … Continue reading