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AI Act agreed, what you need to know on the upcoming EU artificial intelligence law!

AI Act agreed, what you need to know on the upcoming EU artificial intelligence law!

The EU Parliament’s Committees have agreed on the AI Act. However, Google’s decision to postpone the launch of Bard in the European Union prompts questions about the direction we’re headed in. The Compromise Text on the EU AI Act regulates Foundation Models (like ChatGPT, GPT4, Palm, etc.

Decision note accompanying Letter responding to SO report on implementation of study on lawful and proper use of descent and gender indicators

Decision note accompanying Letter responding to SO report on implementation of study on lawful and proper use of descent and gender indicators

Disclosed documents from correspondence between the Personal Data Authority (AP) and the Internal Revenue Service regarding the Fraud Alert Facility (FSV). (Machine translated) https://www.rijksoverheid.nl/documenten/kamerstukken/2023/05/17/beslisnota-bij-brief-met-reactie-op-verslag-so-inzake-uitvoering-onderzoek-naar-rechtmatig-en-behoorlijk-gebruik-van-afkomst-en-seksegerelateerde-indicatoren

Health data and use of cookies: DOCTISSIMO fined €380,000

Background information Following a complaint by the PRIVACY INTERNATIONAL association, the CNIL carried out four investigations into DOCTISSIMO. The doctissimo.fr website mainly offers articles, tests, quizzes and discussion forums related to health and well-being for the general public. During its investigations, the CNIL noted several infringements, in particular concerning

Procurement dispute: estoppel allowed

Procurement. Claim for damages against contracting authority. Reliance on estoppel succeeds. Plaintiff did not challenge the award decision in interlocutory proceedings within 20 days. Pursuant to the tender conditions, she thereby also processed her right to damages. Applying this sunset clause here is not unreasonable or disproportionate. (Machine translated) https:

"North Netherlands court rules on claim to release source code and use fee"

Claim for release of source code. Use fee. Unlawful removal of source code? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBNNE:2022:5261&pk_campaign=rss&pk_medium=rss&pk_keyword=uitspraken

Statement from the listed authors of Stochastic Parrots on the “AI pause” letter

The harms from so-called AI are real and present and follow from the acts of people and corporations deploying automated systems. Regulatory efforts should focus on transparency, accountability and preventing exploitative labor practices. By Angelina McMillan-Major, Emily M. Bender, Margaret Mitchell and Timnit Gebru for DAIR on March 31, 2023

Artificial intelligence: the action plan of the CNIL

The main thing is: The CNIL has been undertaking work for several years to anticipate and respond to the issues raised by AI. In 2023, it will extend its action on augmented cameras and wishes to expand its work to generative AIs, large language models and derived applications (especially chatbots)

"Amsterdam Court of Appeal: Dissolution due to disrupted employment relationship and justified complaints of privacy violations"

Dissolution because of a disturbed employment relationship, serious culpability of the employer because of insufficient reintegration in the first track and justified complaints of the employee about violation of privacy. Regarding the amount of the fair compensation, it was considered that hardly any relevant income loss had been suffered because

"Dissolution for disturbed employment relationship and privacy violations: employer seriously culpable"

"Dissolution for disturbed employment relationship and privacy violations: employer seriously culpable"

Dissolution because of a disturbed employment relationship, serious culpability of the employer because of insufficient reintegration in the first track and justified complaints of the employee about privacy violations. Regarding the amount of the fair compensation, it was considered that hardly any relevant income damage had been suffered because the

"Overijssel court rejects municipality's claim in cyber attack case"

On December 1, 2020, a cyber attack took place at the municipality, encrypting and making inaccessible the municipality's network and backup systems and deleting many virtual servers. The municipality holds company responsible for this. The court rejected the municipality's claim. There is no evidence that company failed to meet contractual

European Parliament Adopts EU-U.S. Data Privacy Framework Resolution

European Parliament Adopts EU-U.S. Data Privacy Framework Resolution

On May 11, 2023, at a plenary session, the European Parliament voted to adopt a resolution on the adequacy of the protection afforded by the EU-U.S. Data Privacy Framework which calls on the European Commission to continue negotiations with its U.S. counterparts with the aim of creating a

CJEU: There is NO threshold for damage claims regarding a GDPR breach

CJEU: There is NO threshold for damage claims regarding a GDPR breach

The mere violation of the GDPR does not entitle per se to compensation, but it is not necessary for the damage suffered to reach a certain threshold of severity to produce a right to compensation. These are the conclusions reached by the Court of Justice of the European Union (CJEU)

Kamerbrief findings BZ investigation into use of origin-related data in risk models

Kamerbrief findings BZ investigation into use of origin-related data in risk models

Minister Hoekstra (BZ) informs the House of Representatives about the implementation of the Marijnissen motion and the Klaver motion at the Ministry of Foreign Affairs (BZ). These motions call for an inventory of origin-related data in risk models and the associated data processing. In case of unlawful and improper use

Findings Processing Register Foreign Affairs

Findings Processing Register Foreign Affairs

Overview of processes within the Department of State that process data on nationality, ethnicity and place of birth. (Machine translated) https://www.rijksoverheid.nl/documenten/publicaties/2023/05/11/bevindingen-verwerkingsregister-buitenlandse-zaken

Descent-related data in the Protocol Basic Administration (PROBAS).

Descent-related data in the Protocol Basic Administration (PROBAS).

Notes on the registration of personal data of privileged persons in the Protocol Basic Administration. Privileged persons include employees of diplomatic missions and international organizations in the Netherlands, their family members and private personnel. (Machine translated) https://www.rijksoverheid.nl/documenten/publicaties/2023/05/11/afkomstgerelateerde-gegevens-in-de-protocollaire-basisadministratie-probas

AEPD creates guide for cryptographic systems

AEPD creates guide for cryptographic systems

Spain's data protection authority, the Agencia Española de Protección de Datos, published a guide for cryptographic systems as a data protection security measure in partnership with the Spanish Association for the Promotion of Information Security and Spanish Professional Association for Privacy. The guide states "encryption will be an adequate security

MEPs vote against EU-US Data Privacy Framework

MEPs vote against EU-US Data Privacy Framework

Members of European Parliament voted 306-27 with 231 abstentions to adopt a nonbinding opinion rejecting the proposed EU-U.S. Data Privacy Framework. The opinion called the DPF "an improvement" from its predecessor, the invalidated EU-U.S. Privacy Shield, but MEPs took issue with ongoing bulk data collection by U.S.

European Parliament committees approve AI Act proposal

European Parliament committees approve AI Act proposal

European Parliament's Committee on Civil Liberties, Justice and Home Affairs and Committee on Internal Market and Consumer Protection each approved the proposed Artificial Intelligence Act. "We are on the verge of building a real landmark legislation for the digital landscape, not only for Europe but also for the entire world,

CJEU interprets right of inspection broadly, more broadly than is usually the case in the Netherlands to date

CJEU interprets right of inspection broadly, more broadly than is usually the case in the Netherlands to date

Dispute following inspection request The issue concerns a dispute between a consumer and the privacy regulator in Austria. The consumer had made an inspection request to a business consultancy firm that issues reports on creditworthiness (solvency). In response, the consumer had been provided with an overview of the personal data

Clearview AI data use deemed illegal in Austria, however no fine issued

Supervisory Authorities

Clearview AI data use deemed illegal in Austria, however no fine issued

Clearview AI data use deemed illegal in Austria, however no fine issued The Austrian DPA has decided: Clearview AI, the company that sells facial recognition software to law enforcement agencies in the U.S. is no longer allowed to process biometric data. https://noyb.eu/en/clearview-ai-data-use-deemed-illegal-austria-however-no-fine-issued

Facial recognition: the CNIL imposes a penalty payment on CLEARVIEW AI

Supervisory Authorities

Facial recognition: the CNIL imposes a penalty payment on CLEARVIEW AI

Background information CLEARVIEW AI collects photographs from a wide range of websites, including social networks, and sells access to its database of images of people through a search engine in which an individual can be searched using a photograph. The company offers this service to law enforcement authorities. Facial recognition

CNIL orders additional 5.2M euro fine against Clearview AI

Supervisory Authorities

CNIL orders additional 5.2M euro fine against Clearview AI

France's data protection authority, the Commission nationale de l'informatique et des libertés, announced Clearview AI is required to pay a 5.2 million euro penalty for delayed compliance with a prior order from the regulator. Clearview received a 20 million euro fine over EU General Data Protection Regulation violations from

Do you trust the police? CJEU Advocate General accepts access to phones for any type of crime

Do you trust the police? CJEU Advocate General accepts access to phones for any type of crime

In its opinion on the Bezirkshauptmannschaft Landeck case, the Advocate General of the European Court of Justice is failing to suggest adequate safeguards for police access to our smartphones. https://edri.org/our-work/eu-court-of-justice-advocate-general-accepts-access-to-phones-for-any-crime/

Ghost in the network

Ghost in the network

How a Swiss tech expert runs a global phone surveillance systemIn the decade since Edward Snowden’s leaks exposed the workings of the US and UK national surveillance apparatus, the market for spying services has fragmented and expanded into a start-up economy of location trackers, password crackers and data extractors.

Facial recognition: the CNIL decided to impose an overdue penalty payment on Clearview AI

Background information CLEARVIEW AI collects photographs from a wide range of websites, including social networks, and sells access to its database of images of people through a search engine in which an individual can be searched using a photograph. The company offers this service to law enforcement authorities. Facial recognition