The EU General Data Protection Regulation has been in place for five years and has succeeded in getting data privacy on the agendas of boards and increasing transparency and compliance, but harmonization of data privacy rules has been less effective, with rules still interpreted differently in different places, according to experts.
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The article features a collection of Deeplinks Blog posts that address different digital privacy and security concerns, including the risks associated with location trackers, the importance of protecting personal information submitted to the government and how to disable ad identifiers, among others.
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Apple has introduced Advanced Data Protection, a feature that allows users to enable end-to-end encryption of data previously only encrypted in transit to better protect iCloud backups, photos, notes, reminders, and more, providing more privacy and security; users must enable it themselves by following specific steps.
Maury Shenk covers three efforts to overcome gaps in large language AI models, including OpenAI's tool for addressing the lack of explainability, Anthropic's "constitution" of rules for models, and the use of open-source principles to overcome the cost of developing and training new models, while also reviewing Baidu's search add-on and the lawfulness of the UK's interception of Encrochat users.
The ruling by Ligue des droits humains on automated predictive threat detection has potential consequences for the ETIAS Regulation and the EU Commission's proposal for a Regulation on combating online child sexual abuse material (CSAM).
The privatization of core state functions like law enforcement, especially in the development and use of security technologies, has detrimental consequences for fundamental rights and the rule of law, allowing private interests to supersede human rights with little democratic accountability.
The Court of Justice of the European Union has expressed concern regarding the use of AI and self-learning risk models which may impede the right to effective judicial protection, which is significant for non-EU citizens at European borders.
The article discusses how difficult it is to reconcile full transparency and flexibility of rules with legislative goals in modern technologies and highlights the recent CJEU ruling in Lige des droits humains on Passenger Name Record Directive as an example of the difficulty of foreseeability of algorithmic measures and the rule of law.
The European Court of Justice's recent judgment in Ligue des droits humains underlines the data protection rules that apply to cooperation between the public and private sectors in personal data sharing, enhancing the personal data autonomy of individuals while compelling public authorities to justify the high-standard obligations that they are seeking to impose on private sectors relating to air travel data.
The EU PNR Directive and the German legal framework both aim to prevent disproportionate government access to data, and effective and independent review of data collection and subsequent data processing is important to ensure their implementation in practice.
The CJEU ruling on the EU Passenger Name Records Directive allows national judges to question the concept of generalised preventive security, which relies on risk profiles and statistical correlations rather than causality.
The latest episode of The Cyberlaw Podcast discusses a range of topics, including AI risks and regulations, state privacy laws, the SolarWinds hack, and Joe Sullivan's three-year probation sentence in the Uber "misprision of felony" case.
The Court of Justice of the European Union issued a landmark decision regarding the compatibility of the EU Directive on Passenger Name Record Data with privacy and personal data protection, including guidelines on how large-scale predictive policing should take place, inspiring the legal assessment of various new security law instruments which require automated predictive threat detection instruments.
The article discusses the PNR Directive, a major EU-wide example of predictive policing and its significance in the emergence and consolidation of a new security architecture in Europe.
The recent leak of classified national security documents highlights the need for the US Department of Defense to fully implement the "zero trust" security standard, which is aimed at continuously authenticating a user's access to an organization’s network, although experts suggest that a mix of technology and personnel vetting will remain necessary to defend against insider threats.
The article discusses the growing trend of cities and counties banning the use of face surveillance technology by government agencies due to concerns about privacy and civil rights violations, and highlights various related events and studies.
The American Bar Association reported that its network had been hacked, and there is a possibility that the user names and hashed passwords of members who had previously accessed the website had been accessed.
Governments worldwide announced new ambitions to regulate AI last week, however, the lack of imagination and old prejudices in the policies were discouraging, whereas companies implementing AI are setting strange limits on their technology and this article covers some case studies including the Montana statewide ban on TikTok, law enforcement use of geofencing warrants and a Supreme Court verdict which will affect the constitutional status of independent administrative agencies like the FTC and SEC.
MSCHF has created a free-to-play game called "Tax Heaven 3000," which features a character named Iris, whose dream is to meet 'the one' and file their tax return, and allows its players to file 'simple' tax returns, although it does not prepare tax returns for states, e-file tax returns or provide any tax planning advice; furthermore, the game raises security and privacy concerns.
The UN Cybercrime Treaty negotiations, a new bill aimed at smart locks, and privacy concerns in Argentinian telecommunications providers are among the topics covered in various articles in the Deeplinks Blog by the Electronic Frontier Foundation.
The Brazilian General Data Protection Law (LGPD) has come a long way since its entry into force in 2020, with the National Data Protection Authority (ANPD) transforming into an independent agency and various guidelines issued, but there are still several legal issues relating to the protection of personal data that still need further refinement, with the ANPD currently carrying out all of its inspection and sanctioning functions except for the application of fines, while recently opening public consultations on a number of clarifications and regulations on LGPD provisions that are pending, such as the draft Resolution on the Application of Administrative Penalties and a Regulation on the Processing of Children and Adolescents’ Personal Data.
During a congressional hearing about TikTok, lawmakers seemed less interested in actually learning something new and more intent on grandstanding, repeatedly asking yes/no questions to which nuanced answers were required, and making claims about TikTok's ties to the Chinese Communist Party without providing any evidence.
This article is a compilation of various blog posts on the Deeplinks Blog, covering topics such as protecting users' privacy, advancements in protecting customer data in Brazil, the arrest and trial of Swedish computer security expert Ola Bini, and the negative impact of a new law curbing disinformation in Turkey.
Australia aims to become the world's most cyber-secure country by 2030, and has released a discussion paper to enhance regulation across the board for businesses and governments when it comes to cybersecurity, including plans to expand the definition of critical infrastructure assets to include customer data and systems, which would give the Australian Signals Directorate the ability to "step in" as a last resort in some emergency situations, but its expansion has been met with resistance due to fears that it may hamper recovery efforts.
The Electronic Frontier Foundation (EFF) has submitted comments to the U.S. National Telecommunications and Information Administration (NTIA) on "Privacy, Equity, and Civil Rights," which is writing a report on privacy and civil rights.
The EFF has been submitting comments to various government agencies and bodies on topics such as privacy, civil rights, and cybercrime treaties, while also co-sponsoring new California legislation to protect people seeking abortion and gender-affirming care from digital surveillance.
The article features several different blog posts by the Electronic Frontier Foundation (EFF) covering topics such as the organization's support for California legislation protecting people seeking abortion and gender-affirming care from digital surveillance, a fine given to a spyware and stalkerware producer in New York, and the importance of protecting end-to-end encryption and private messaging online.
The German Federal Administrative Court ruled that the practice of regularly analysing data carriers by the BAMF when registering asylum applicants is illegal, a victory for asylum seekers' and refugees' data protection and privacy, but some controversial aspects still require clarification.
Der EDPB erläutert, dass es bei einer Datenübermittlung an einen Importeur, der bereits der DS-GVO unterliegt, für eine rechtssichere Abwicklung SCCs benötigt, um die Risiken des Drittlandes zu berücksichtigen.
Die Europäische Kommission hat am 3. Juni 2021 einen Vorschlag zur Einführung einer Europäischen Digitalen Identitätsregulierung herausgegeben, obwohl digitale Identität eine Reihe von Grundrechten betrifft und selbst von juristischen Experten noch nicht hinreichend diskutiert wurde. Die Einführung eines einheitlichen und beständigen Identifikationsmechanismus kann aus praktischen Gründen nachvollziehbar sein, allerdings aufgrund der Risiken und dem Verstoß gegen die deutsche Verbotsverordnung zu allgemeinen eindeutigen Identifikatoren nicht akzeptiert werden.
This article discusses the most-read legal technology posts of 2022, which span topics from analytics to artificial intelligence, as well as the year's most popular posts, and looks forward to another year of interesting developments in the world of legal tech.
The online symposium explores the impact of the EU General Data Protection Regulation (GDPR) on international law due to its influential effect on several data protection reform processes around the world, notably in the US and in India, with big tech firms such as Facebook, Apple or Microsoft calling for its adoption worldwide.
Was ist Data Protection?
In the context of law, Data Protection refers to the measures taken to protect individuals' personal data. This involves both Data Protection Laws that regulate how the data is collected, processed and stored, as well as how it can be shared with third parties. Organizations have an obligation to protect the personal data they hold, and must take appropriate measures to ensure its confidentiality, integrity and availability. Failure to comply with Data Protection Laws can result in hefty fines and legal action.
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The Volokh Conspiracy
The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.
The Crime Report
The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.
Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners, individuals, emerging companies, and nonprofits. More than 80 attorneys serve U.S. and global clients’ business law and litigation needs.
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