Niels Westerlaken - Legal.digital (Page 18)

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Niels Westerlaken

Bias in algorithms - Artificial intelligence and discrimination

Bias in algorithms - Artificial intelligence and discrimination

The report focuses on the potential for bias in predictive policing and offensive speech detection algorithms and how this can lead to discrimination. It emphasizes the need for comprehensive assessments of algorithms to identify and address bias before such systems are used for decision-making. Regular assessments by providers and users

Ethiopia digital ID prompts fears of ethnic profiling

Ethiopia digital ID prompts fears of ethnic profiling

The Ethiopian government is introducing a national biometric digital ID system, funded by the World Bank, with the aim of registering all eligible adults by 2025. However, some Tigrayans fear that the system will be used to discriminate against them, particularly during the ongoing conflict between the government forces and

Study on the impact of recent developments in digital advertising on privacy, publishers and advertisers

Study on the impact of recent developments in digital advertising on privacy, publishers and advertisers

This study has collated evidence which on balance indicates a strong case to reform digital advertising. It indicates that the status quo is unsustainable for individuals, publishers and advertisers. Digital advertising that relies on the collection of personal data, tracking and massive-scale profiling can have unintended consequences on data protection

Trends in racial and ethnic discrimination in hiring in six Western countries

Trends in racial and ethnic discrimination in hiring in six Western countries

We examine trends in racial and ethnic discrimination in hiring in six European and North American countries: Canada, France, Germany, Great Britain, the Netherlands, and the United States. Our sample includes all available discrimination estimates from 90 field experimental studies of hiring discrimination, encompassing more than 170,000 applications for

ChatGPT, Galactica, and the Progress Trap

ChatGPT, Galactica, and the Progress Trap

When large language models fall short, the consequences can be serious. Why is it so hard to acknowledge that? By Abeba Birhane and Deborah Raji for WIRED on December 9, 2022 https://www.wired.com/story/large-language-models-critique/

Whiteness of AI erases people of colour from our ‘imagined futures’, researchers argue

Whiteness of AI erases people of colour from our ‘imagined futures’, researchers argue

This is according to experts at the University of Cambridge, who suggest that current portrayals and stereotypes about AI risk creating a “racially homogenous”. By Kanta Dihal and Stephen Cave for University of Cambridge on August 6, 2020 https://www.cam.ac.uk/research/news/whiteness-of-ai-erases-people-of-colour-from-our-imagined-futures-researchers-argue

The Algorithm Addiction

The Algorithm Addiction

Mass profiling system SyRI resurfaces in the Netherlands despite ban The Netherlands has been among a growing club of nations experimenting with algorithms in pursuit of efficiencies in detecting welfare fraud. It has also been among those countries accused of pushing a “digital dystopia” since losing a landmark human rights

Human rights impact assessment of Facebook Pages

Human rights impact assessment of Facebook Pages

The Dutch government has developed its own model, the IAMA model, to analyze human rights impact of algorithms, and Privacy Company performed a Human Rights Impact Assessment (HRIA) and a Data Protection Impact Assessment (DPIA) for the government's use of Facebook Pages. The HRIA identified four ways in which the

An analysis of Dutch case law: what factors play a role in awarding (or not) and determining the extent of damages under the GDPR?

An analysis of Dutch case law: what factors play a role in awarding (or not) and determining the extent of damages under the GDPR?

Since May 2018, the GDPR has been directly applicable in the European Economic Area, including the member states of the European Union, Liechtenstein, Norway, and Iceland. Four years later, awarding damages for GDPR violations is still not a common practice in the Netherlands, despite the fact that news reports regularly

AEPD creates tool for data controllers to identify relevant authorities to report a breach

AEPD creates tool for data controllers to identify relevant authorities to report a breach

Spain’s data protection authority, the Agencia Española de Protección de Datos, created a tool designed to help organizations determine whether to notify a data protection regulator following a breach. The tool, “Brecha Advisory,” is free to use. It aims to help data controllers identify who should be notified, what

CJEU clarifies GDPR principles of purpose limitation and storage limitation

CJEU clarifies GDPR principles of purpose limitation and storage limitation

The purpose limitation principle does not preclude a controller from capturing and storing in a test database established for testing and error correction purposes personal data previously collected and stored in another database. However, such "further processing" of personal data must be compatible with the specific purposes for which the

Fairness perceptions of algorithmic decision-making: A systematic review of the empirical literature

Fairness perceptions of algorithmic decision-making: A systematic review of the empirical literature

Algorithmic decision-making increasingly shapes people's daily lives. Given that such autonomous systems can cause severe harm to individuals and social groups, fairness concerns have arisen. A human-centric approach demanded by scholars and policymakers requires considering people's fairness perceptions when designing and implementing algorithmic decision-making. We provide a comprehensive, systematic literature

Overview of EU Strategy for Data: Digital Services Act

Overview of EU Strategy for Data: Digital Services Act

The Digital Services Act was published in the Official Journal of the European Union Oct. 27. The DSA, which harmonizes conditions for the provision of intermediary services and increases transparency requirements for online intermediaries, will enter into force Nov. 16. In the latest installment of a multipart series, the IAPP

Digitization, Surveillance, Colonialism

Digitization, Surveillance, Colonialism

This article discusses the importance of privacy in the context of the recent Supreme Court ruling on abortion in the United States. The ruling has led to the potential for personal data, such as browsing histories and location data, to be used to prosecute women seeking abortions and those who

CJEU: GDPR applicable to processing of personal data in the context of the organization of elections in a member state

CJEU: GDPR applicable to processing of personal data in the context of the organization of elections in a member state

The General Data Protection Regulation (GDPR) applies in the context of the organization of national, local and European elections in a Member State. The GDPR does not prevent the competent national authorities from adopting an administrative act of general application limiting or excluding the possibility of video recording the counting

Smartphone platforms as privacy regulators

Smartphone platforms as privacy regulators

Recent developments underscore the increasingly important role of online platforms in impacting data privacy in the digital economy. Platform policies can make or break the enjoyment of privacy by users, and platforms should be required to make official disclosures about their privacy-related policies and practices for their respective ecosystems, according

Garante investigates use of cookie walls

Supervisory Authorities

Garante investigates use of cookie walls

The Garante notes that the European legislation on the protection of personal data does not in principle preclude the owner of a site from making access to content by users subject to their consent for profiling purposes (through cookies or other tracking tools) or, alternatively, to the payment of a

Non-paper on the principles of a Cyber Resilience Act (DK, D, NL)

Non-paper on the principles of a Cyber Resilience Act (DK, D, NL)

The Cyber Resilience Act should be an essential building block in a European and holistic approach to the cybersecurity of digital products, processes and services. It should propose security requirements for digital products, processes and services, which should cover all forms of digital products, processes and services, including stand-alone software,

ICO fined construction company 4.4M GBP fine over employee privacy violations

Supervisory Authorities

ICO fined construction company 4.4M GBP fine over employee privacy violations

The U.K. Information Commissioner's Office fined construction company Interserve Group 4.4 million GBP over alleged employee data protection issues. The ICO found insufficient security measures that left 113,000 Interserve employees exposed to a phishing scheme that affected contact information, national insurance numbers, and bank account information. Information

Fortifying the Algorithmic Management Provisions in the Proposed Platform Work Directive

Fortifying the Algorithmic Management Provisions in the Proposed Platform Work Directive

The European Commission proposed a Directive on Platform Work in 2021 that aims to address the issue of misclassification of the employed as self-employed and to regulate algorithmic management on platforms. The provisions in the proposal are well-drafted but may face resistance and lobbying during the legislative process and in

Big Data Analytics, Insurtech and Consumer Contracts: A European Appraisal

Big Data Analytics, Insurtech and Consumer Contracts: A European Appraisal

Automated personalization in consumer insurance contracts is not yet a reality in Europe, but mass customization and robotization of insurance contracts are a growing problem, according to this article in European Review of Private Law. https://kluwerlawonline.com/journalarticle/European+Review+of+Private+Law/30.4/ERPL2022030

European regulators are finalizing a decision blocking Meta from transferring data to the US

Supervisory Authorities

European regulators are finalizing a decision blocking Meta from transferring data to the US

“Based on the facts of the case, we do not see how [Meta] could have continued its personal data transfers following the Schrems II judgment had it acted in accordance with the GDPR,” the Norwegian objection reads. https://www.politico.eu/article/norway-wants-facebook-to-be-fined-for-illegal-data-transfers/

Danish SA reprimanded Region Syddanmark for not having sufficiently clear processor auditing procedures

Supervisory Authorities

Danish SA reprimanded Region Syddanmark for not having sufficiently clear processor auditing procedures

The DPA (SA) highlighted that entering into a data processing agreement that contains security obligations is not sufficient, and that the controller must also oversee that the processor actually adheres to the agreement. The fact that the controller had auditing procedures in place was not good enough if these auditing

University of Twente: On the Efficacy of Online Proctoring using Proctorio

University of Twente: On the Efficacy of Online Proctoring using Proctorio

The results of a controlled experiment using Proctorio, an online proctoring system, show that it is ineffective at detecting cheating. https://ris.utwente.nl/ws/portalfiles/portal/275927505/3e2a9e5b2fad237a3d35f36fa2c5f44552f2.pdf