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Niels Westerlaken

Artificial intelligence: the risk of a potential bias and the legal issues of potential discriminations

Artificial intelligence: the risk of a potential bias and the legal issues of potential discriminations

Artificial intelligence is increasingly an integral part of our daily lives, but at the same time it generates concerns, including legal issues, of a potential cognitive “bias”, and the resulting discrimination of the algorithm. In this article we analyze the legal issues of cognitive biases in artificial intelligence systems: What

Russia’s vast telecom surveillance system crippled by withdrawal of Western tech, report says

Russia’s vast telecom surveillance system crippled by withdrawal of Western tech, report says

The hardware and software required for the Russian telecommunications sector to maintain the country’s electronic surveillance system, known as the System for Operative Investigative Activities (SORM), are increasingly unavailable, significantly undermining the Russian government’s Orwellian domestic spying system, according to a new report. Western sanctions and export controls

Microsoft says hackers acted 'strategically' in theft of EU, US government emails

Microsoft says hackers acted 'strategically' in theft of EU, US government emails

The U.S. government and Microsoft formally accused "China's state-backed hacking teams" of being responsible for stealing EU and U.S. government officials' emails in an operation that began in May, CPO Magazine reports. The Microsoft threat research team claimed Chinese hackers breached more than two dozen entities, including the

Norwegian DPA temporarily bans behavioral advertising on Facebook and Instagram

Norwegian DPA temporarily bans behavioral advertising on Facebook and Instagram

Norwegian DPA temporarily bans behavioral advertising on Facebook and Instagram The Norwegian DPA is the first national data protection authority declaring behavioral advertising on Meta platforms illegal. noyb welcomes this decision https://noyb.eu/en/norway-temporary-ban-behavioral-ads-facebook-instagram

All eyes on EU: Will Europe’s AI legislation protect people’s rights?

All eyes on EU: Will Europe’s AI legislation protect people’s rights?

As the EU’s AI Act moves into the final phase of negotiations, key battles arise for the protection of human rights. https://edri.org/our-work/all-eyes-on-eu-will-europes-ai-legislation-protect-peoples-rights/

Top 8 clarifications on the EU adequacy decision on data transfers to the US

Top 8 clarifications on the EU adequacy decision on data transfers to the US

The European Commission published its FAQs on the adequacy decision regarding data transfers, which don’t give all the necessary answers; let’s try to give some clarifications on potential grey areas. Based on the initial discussions with clients, here are the main requests of clarifications and relevant answers on

EDPS finds that the CJEU’s use of cloud videoconferencing services complies with data protection law

EDPS finds that the CJEU’s use of cloud videoconferencing services complies with data protection law

Read the EDPS Press Release and Decision on CJEU's use of Cisco Webex videoconferencing and related services.EDPS makes organisational changes to tackle future data protection challenges. Read Press Release.Read EDPS Wojciech Wiewiórowski's blogpost to mark World Refugee Day as we pay respect to the courage of refugees that

„Pay or Okay“ on tech news site heise.de illegal, decides German DPA

„Pay or Okay“ on tech news site heise.de illegal, decides German DPA

„Pay or Okay“ on tech news site heise.de illegal, decides German DPA The Data Protection Authority of Lower Saxony (LfD) decided that the “Pay or Okay” solution used by heise.de was unlawful https://noyb.eu/en/pay-or-okay-tech-news-site-heisede-illegal-decides-german-dpa

Dutch Parliament letter on algorithms and AI

Dutch Parliament letter on algorithms and AI

(Machine translated) https://www.rijksoverheid.nl/onderwerpen/digitale-overheid/documenten/kamerstukken/2023/07/10/kamerbrief-over-algoritmen-reguleren

Dutch Government Information Management Commissioner's report: Letter to Parliament

Dutch Government Information Management Commissioner's report: Letter to Parliament

(Machine translated) https://www.rijksoverheid.nl/onderwerpen/digitale-overheid/documenten/kamerstukken/2023/07/06/kamerbrief-over-appreciatie-rapportage-regeringscommissaris-informatiehuishouding

Dutch government-wide privacy governance study: Parliament letter with Cabinet response

Dutch government-wide privacy governance study: Parliament letter with Cabinet response

(Machine translated) https://www.rijksoverheid.nl/onderwerpen/digitale-overheid/documenten/kamerstukken/2023/07/06/kamerbrief-kabinetsreactie-onderzoek-rijksbrede-privacy-governance

CNIL creates economic analysis team, publishes recommendations on data sharing through APIs

Supervisory Authorities

CNIL creates economic analysis team, publishes recommendations on data sharing through APIs

France's data protection authority, the Commission nationale de l'informatique et des libertés, launched a new economic analysis team to promote a better understanding of the data protection ecosystem and the regulations by which it operates. The team will conduct impact studies, sectoral analyses and quantitative work to better inform CNIL

AEPD director discusses agency's priorities, issues new cookie guidance

Supervisory Authorities

AEPD director discusses agency's priorities, issues new cookie guidance

Mar España Martí, director of Spain's data protection authority, detailed current points of focus for the Agencia Española de Protección de Datos during a meeting at Menéndez Pelayo International University. Martí discussed children's privacy considerations, artificial intelligence's data protection impacts and the current need for increased resources to support the

"Amsterdam court orders removal from Internal Reference Register"

"Amsterdam court orders removal from Internal Reference Register"

Removal from the Internal Reference Registry. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:3670

CNIL publishes recommendations on data sharing through APIs

CNIL publishes recommendations on data sharing through APIs

France's data protection authority, the Commission nationale de l'informatique et des libertés, published best practices for sharing personal data through application program interfaces. The CNIL identified cases when API use is recommended, listed risk factors to help organizations conduct a risk analysis, and offered recommended measures to help them achieve

Pornhub under the lens of the Garante

Supervisory Authorities

Pornhub under the lens of the Garante

The Garante per la protezione dei dati personali (‘GPDP’) submitted a request for clarification to MG Freesites Ltd, the Cypriot company that manages the Pornhub site, regarding the Italian version of the site. Further to a complaint lodged by a user, the Authority intends to shed light on a number

European Commission gives EU-US data transfers third round at CJEU

European Commission gives EU-US data transfers third round at CJEU

European Commission gives EU-US data transfers third round at CJEU European Commission announces third "Safe Harbor", without substantial changes. noyb will bring third adequacy decision back to CJEU. https://noyb.eu/en/european-commission-gives-eu-us-data-transfers-third-round-cjeu

EU-US adequacy decision finalized, enters into force 11 July

EU-US adequacy decision finalized, enters into force 11 July

The European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, concluding it ensures U.S. protection of personal data transferred between the countries is comparable to that offered in the EU. But even as its finalization was announced Monday, the new framework, which enters into force

Impact Assessment Fundamental Rights and Algorithms

Impact Assessment Fundamental Rights and Algorithms

The Fundamental Rights and Algorithm Impact Assessment (FRAIA) helps to map the risks to human rights in the use of algorithms and to take measures to address this. FRAIA is the English translation of Impact Assessment Mensenrechten en Algoritmes. FRAIA creates a dialogue between professionals who are working on the

Request for release of email correspondence between housing foundation and university under GDPR and Section 843a Rv DCC

Request for release of email correspondence between housing foundation and university under GDPR and Section 843a Rv DCC

The dispute concerns a request for delivery of documents (on pain of a penalty) primarily under Article 15 AVG and - in addition - under Article 843a Rv. It concerns email correspondence regarding the applicant between the housing foundation and the university since January 1, 2020, in particular (but not

Dutch Parliament letter results DPIA on Google Workspace for Education and Chromebooks (ChromeOS)

Dutch Parliament letter results DPIA on Google Workspace for Education and Chromebooks (ChromeOS)

As reported in the 20 April 2021, eight high risks were identified as a result of this DPIA. Google was insufficiently transparent about what data is collected and what Google does with this data. SURF, SIVON and SLM Rijk have subsequently made agreements with Google to remedy these privacy risks.

Companies must stop using Google Analytics, according to Swedish SA

Supervisory Authorities

Companies must stop using Google Analytics, according to Swedish SA

All four companies have based their decisions on the transfer of personal data via Google Analytics on standard contractual clauses. From IMY's audits, it appears that none of the companies' additional technical security measures are sufficient. IMY issues an administrative fine of 12 million SEK against Tele2 and 300,000

CJEU declares Meta/Facebook's GDPR approach largely illegal

CJEU declares Meta/Facebook's GDPR approach largely illegal

CJEU declares Meta/Facebook's GDPR approach largely illegal In today's decision, the CJEU declared Meta/Facebook's GDPR approach largely illegal - similar to noyb's previous litigation before the EDPB leading to a fine of € 390 million. https://noyb.eu/en/cjeu-declares-metafacebooks-gdpr-approach-largely-illegal

GDPR Procedures Regulation: "Stripping citizens of procedural rights"

GDPR Procedures Regulation: "Stripping citizens of procedural rights"

GDPR Procedures Regulation: "Stripping citizens of procedural rights" Today the European Commission has issued a proposal to fix the (lack of) cooperation between some Data Protection Authorities (DPAs). It is a step back - not forwad. https://noyb.eu/en/gdpr-procedures-regulation-stripping-citizens-procedural-rights

How a New Generation Is Combatting Digital Surveillance

How a New Generation Is Combatting Digital Surveillance

Younger voices are using technology to respond to the needs of marginalized communities and nurture Black healing and liberation. By Kenia Hale, Nate File and Payton Croskey for Boston Review on June 2, 2022 https://www.bostonreview.net/articles/how-a-new-generation-is-combatting-digital-surveillance/