Niels Westerlaken - Legal.digital (Page 17)

EDPB issues its Opinion on the EU-U.S. Data Privacy Framework

On February 28, 2023, the European Data Protection Board issued its Opinion 5/2023 on the European Commission Draft Implementing Decision on the adequate protection of personal data under the EU-U.S. Data Privacy Framework. Continue Reading https://www.huntonprivacyblog.com/2023/02/28/edpb-issues-its-opinion-on-the-eu-u-s-data-privacy-framework/

"The Right to Erasure: a Legal Analysis of Deleting Personal Information from Veilig Thuis' Records"

Request for destruction of Safe Home files; admissibility; right to erasure of personal data under the AVG and Wmo https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHDHA:2023:306&pk_campaign=rss&pk_medium=rss&pk_keyword=uitspraken

Supervisory Authorities

EDPB welcomes improvements under the EU-U.S. Data Privacy Framework, but concerns remain

Brussels, 28 February - The EDPB adopted its opinion on the draft adequacy decision regarding the EU-U.S. Data Privacy Framework. The EDPB welcomes substantial improvements such as the introduction of requirements embodying the principles of necessity and proportionality for U.S. intelligence gathering of data and the new redress

Supervisory Authorities

EDPB guidance on deceptive designs and EU data imports final

Two guidelines from the European Data Protection Board (EDPB) are now final. These are the guidelines on deceptive designs ("dark patterns") on social media and the guidelines on the rules when importing data from the European Union (EU).The guidelines were drafted in 2021 and 2022 by the Personal Data

AEPD issues guidance for anonymization

Spain’s data protection authority, the Agencia Española de Protección de Datos, published guidance for anonymizing data. The guidance called for a trained professional to handle the anonymization of a personal data set who also has experience in reidentification attacks. Even though “residual probability” of reidentification will always exist, a

"Legal Battle Over Privacy and Property Rights: Court Grants Removal of Fence and Cameras Despite Claim of Prescriptive Rights"

Neighbor dispute. Claim to remove fence granted. Infringement of property right and easement of foot and crosswalk. Appeal of statute of limitations fails. Claim to remove cameras granted due to unlawful invasion of privacy. https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBROT:2023:1453&pk_campaign=rss&pk_medium=

"Exploring the Right to be Forgotten: Understanding Article 17 and 21 of the GDPR and Article 35 of its Implementation Law on Requesting Removal of Search Results on Google Search"

Personal data protection. Request for removal of search results from the Google Search search engine: the right to be forgotten. Articles 17 and 21 General Data Protection Regulation (AVG) and Article 35 AVG Implementation Act. https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBLIM:2022:6330&pk_campaign=rss&pk_

Supervisory Authorities

Danish DPA issues cookie wall guidance

Denmark's data protection authority, Datatilsynet, published guidance on cookie wall deployment in the wake of two relevant decisions. The regulator provided summaries of its findings in its latest decisions to outline takeaways for ongoing best practices, noting companies "should take note" if they "wish to use a similar approach or

Guidance

Practical takeaways from EU enforcement: One-stop shop

The European Data Protection Board issued three enforcement actions against Meta in January, each of which arose as binding decisions from the one-stop-shop dispute resolution mechanism. Following the decisions, IAPP Research and Insights Director Joe Jones offered an in-depth legal analysis of the practical takeaways concerning legal bases and transparency.

Literature

Against Predictive Optimization

On the Legitimacy of Decision-Making Algorithms that Optimize Predictive Accuracy. The flaws include biased and discriminatory outcomes, opaqueness and lack of transparency, lack of accountability, reinforcement of existing stereotypes, lack of control and consent, potential for misuse or abuse, and the fallibility or incompleteness of data. These flaws pose a

Supervisory Authorities

Tesla makes camera settings more privacy-friendly after AP investigates

Car manufacturer Tesla has made the settings of its built-in security cameras in cars more privacy-friendly. Tesla did this after the Personal Data Authority (AP) instituted an investigation into those cameras.The AP was investigating Tesla's so-called "Sentry Mode. Sentry Mode is supposed to protect the car from theft or

Supervisory Authorities

EDPB publishes 2023-2024 Work Programme

The European Data Protection Board released its 2023-2024 Work Programme, which takes from the priorities laid out in its 2021–2022 strategy. Notably, the program features "guidance to support and encourage Data Protection Authorities to use of the full range of cooperation tools at their disposal." The focus comes as

Supervisory Authorities

Artificial intelligence powered chatbot banned by the Italian privacy authority

The Italian privacy authority (the Garante) ordered the provisional restriction to the processing of personal data of Italian users of a chatbot owned by a U.S. company and powered by an artificial intelligence system. The Garante intervened after learning from recent press reports of some tests conducted on the

Developments

European Commission aims to harmonize DPA enforcement approach

Politico reports the European Commission announced its intention to propose legislation to better align national data protection authorities' EU General Data Protection Regulation enforcement approaches. The European Commission described the proposal as a means to "streamline cooperation" among regulators and "harmonise some aspects of the administrative procedure the national data

Court rules on Experian appeal of ICO enforcement notice

The First-Tier Tribunal overturned portions of a 2020 enforcement notice by the U.K. Information Commissioner's Office against Experian, confirming the company's reliance on legitimate interests as a legal basis for processing credit reference agency information for direct marketing purposes. Deputy Commissioner Stephen Bonner, CIPP/E, CIPM, said marketing processes

Meta to change UK terms of service, maintain data flows

Meta plans to change its terms of service and privacy notices for U.K. users, Bloomberg reports. U.K. Facebook, Instagram and WhatsApp users will retain data rights under the U.K. General Data Protection Regulation while the company moves user data out of the EU General Data Protection Regulation's

The Impact of Anonymizing Suspect Names in Court Rulings: Privacy, GDPR, and Compensation for Psychological Harm.

anonymizing defendant's name in judgment, GDPR, invasion of privacy, intangible damages https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBROT:2022:9597&pk_campaign=rss&pk_medium=rss&pk_keyword=uitspraken

The Legal Implications of Using Uncommissioned Portraits Without Consent: A Case Study

21 Aw: portrait, which was not commissioned, is used. Is publication of the portrait not permitted because a reasonable interest of the person portrayed opposes it? No consent given by the person portrayed. Weighing up the interests is to the detriment of the person portrayed since he himself has also

Case law

German Constitutional Court blocks police use of surveillance software

The German Federal Constitutional Court ruled the use of Palantir surveillance software by police in Hesse and Hamburg unconstitutional, Euractiv reports. In the case, the German Society for Civil Rights argued the software could be used for predictive policing. The court said, "in terms of both the data and the

Supervisory Authorities

AI: ensuring GDPR compliance

ps must be carried out in compliance with the principles of the French Data Protection Act and the GDPR. The purpose of the AI system must be established at the design stage, and it must be legitimate and clear. Respect for this principle is especially important when large amounts of

Supervisory Authorities

German state DPA releases 2022 data protection activity report

The Baden-Württemberg Commissioner for Data Protection and Freedom of Information released its data protection activity report for 2022. Research and health data was a key focus during the year, with the LfDI providing “intensive advice in order to strengthen the trust of citizens in how researchers handle their data and

Case law

EU Court: an authorization to intercept telephone calls does not need to be individually justified

The e-Privacy Directive does not preclude a national practice under which authorizations to use special intelligence techniques are granted by a court in the form of a text drafted in advance in general terms without individualized reasoning. However, the precise reasons for granting the authorization must be easily and unambiguously

Guidance

Workplace Discrimination and Equal Opportunity

The article discusses the importance of monitoring and evaluating diversity, equity, and inclusion (DEI) efforts in the workplace. Despite anti-discrimination and equality laws in the EU, discrimination still exists in labor markets, making it essential for HR departments to prioritize DEI. However, without proper monitoring, DEI efforts may be inadequate

Literature

Open Access: Data Protection without Data Protectionism

The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law. The book suggests a rights-based interpretation of data transfer mechanisms in the GDPR and proposes new designs for data flow clauses in free trade agreements that protect privacy and trade. It is part

Media

Health Care Bias Is Dangerous. But So Are ‘Fairness’ Algorithms

The article discusses the potential of artificial intelligence (AI) to improve access to high-quality healthcare, especially for historically marginalized populations. However, the authors caution that racially biased medical devices can cause delayed treatment, and cancer detection technologies are known to be less accurate for people with darker skin tones. The