Lucid Privacy Group的动态

For a clearly written, cogent analysis of the legality of Meta's pay-or-okay regime for online behavioural advertising, see the following article by Cristiana Santos and her colleagues. Particularly beneficial is that their analysis considers the legality issue not just in relation to the GDPR but also the UCPD, DMA and Art 102 TFEU. However, as the authors conclude, it is the GDPR's requirement of freely given consent that is the fundamental legal stumbling block for Meta's regime. Put somewhat simplistically, Meta is just too powerful for it to be able to offer end-users the possibility of freely giving their consent.

"Swedish Press Freedom Exemption Clashes with GDPR: Legal Uncertainty Looms for Online Publishers": 1. Swedish Freedom of Press Exemption: ??Allows online publishers to obtain a certificate exempting them from GDPR ??Rooted in World War II-era principles of free speech and transparency 2. Exploitation of Exemption: ??Some websites use this to share personal data typically protected by GDPR ??Includes addresses, incomes, and criminal records ??Available to paying users 3. Criticism and Legal Challenges: ??Traditional media criticize these practices ??Lawsuits (e.g., for defamation) have largely been unsuccessful 4. Recent Court Rulings: ??Courts starting to prioritize GDPR over these exemptions ??Creates legal uncertainty for online publishers 5. Voluntary Certificates of Publication: ??Allow non-traditional media to claim exemption from GDPR ??Issued by Swedish Agency for the Media 6. New Court Practices: ??Malm? District Court: Weighed GDPR against Swedish constitutional rights ??Administrative Courts of Appeal: Similar rulings in March and April 2024 ??Courts now balancing privacy protection (GDPR) against constitutional protections 7. Swedish Data Protection Authority Response: ??Plans to review supervision practices due to perceived change in court practice 8. Government Action: ??Inquiry appointed to review constitutional protection for search services 9. Constitutional Amendment Process: ??Requires two identical decisions by Parliament ??General election must occur between decisions 10. Implications for Businesses: ??Uncertainty for companies relying on certificates of publication ??Potential disruption to established business models 11. Current Situation: ??No general limitations on certificates of publication yet ??Great uncertainty for market participants ??Certificates may not hold up in practice despite theoretical validity 12. Future Outlook: ??Uncertainty to persist until precedent-setting judgment or new legislation This summary captures the key points of the article, highlighting the conflict between Swedish press freedom exemptions and GDPR, recent legal developments and the resulting uncertainty for businesses. #DataProtection #DataPrivacy #GDPR #EU #UKICO #DPDPA #PrivacyLawyers #AITECH Ramanuj Mukherjee Abhyuday Agarwal Komal Shah Yash Vijayvargiya SAURABH RAJ LawSikho LawSikho Freelance Department Skill Arbitrage Student Success Team | Lawsikho & Skill Arbitrage Rakshit Rajput

Hello all! Here's the next edition of #COMandIPInsights The theme for this COM&IP Insight is ‘Article 102 TFEU and privacy-related harms: Why exploitative theories of harm are necessary for the digital economy?’ The research question that Gorecka asks in this research insight are threefold. First, whether the application of Article 102 TFEU to data privacy harms is a tightrope between competition policy and data protection? Second, how can the traditional competition law tools be adroitly deployed to hammer privacy concerns in competition law assessment? Third, how ‘polycentric’ approach to competition law can foster fairness and democracy alongside the more economic goals of competition policy?? To more, read the #insight Author: Arletta Gorecka Editor: K Tyagi #competition #privacy #exploitative #theoriesofharm #polycentric #Facebook #dataprotection

Our paper on ????????’?? ??????-????-???????? model is published on Technology and Regulation journal.?We analyse the model under EU Data Protection, Consumer and Competition Law. You can access it here: ?? https://lnkd.in/eJSr-uVr

?? The April edition of the Dye & Durham Docket is now available. In our monthly newsletter, we round up legal and tech news and insights from around the globe. This edition features a piece discussing AI generating fake legal cases, causing disruption in courtrooms, and in the Australian legal sphere, there are worries about lawyer burnout attributed to reported excessive workloads in law practices. Stay informed with our comprehensive monthly newsletter, packed with the latest legal insights and trends, by subscribing here: https://lnkd.in/eBKmddMc #DyeDurhamDocket #MonthlyNewsletter?

???? US Federal Privacy Law: will it finally happen? Don't hold your breath. Here's why: - Déjà vu: The new draft closely resembles previous failed attempts. - State-Level Tension: If passed, the federal law would supersede state-level privacy legislation, sparking resistance from California and potentially other states with robust privacy rules. - Legislative Hurdles: The path to passing the law is long & complex, requiring navigation through Congress, committee scrutiny, debates, votes in both the House and the Senate, and potential reconciliation of differing versions, culminating in the President's approval. - Political Landscape: November elections could shift priorities. So while hopes are high for a GDPR-like law, uncertainty prevails. Want to explore further? Join us at the event next week: https://lnkd.in/dYQXP2hf

?? Is your organisation ready for Australia’s new privacy regulations? Yesterday, the Senate Legal and Constitutional Affairs Legislation Committee endorsed the Privacy and Other Legislation Amendment (POLA) Bill, signalling a major shift in Australian privacy laws. While the Committee recommends the Bill’s passage, it has called for critical amendments, particularly to the statutory tort provision, to bolster individuals' privacy protections. As these changes progress, organisations must stay ahead of the curve to ensure compliance with evolving data protection requirements. ?? Read more here: https://lnkd.in/gE8VEbUC

No doubt a tricky piece of legislation to present, but very important to get right. Where do we draw lines on free speech? Certainly, better education right from the very start on respect, ethics, and digital literacy/social media literacy will go a big way toward helping talk to each other respectfully and without prejudice.

Top read news from the Lexology PRO specialist data protection, tech and AI reporting team last week (15-19 July): 1?? UK resurrects GDPR reform, by Ben Duncan-Duggal: The new UK government has confirmed plans for new AI regulation and brought back a proposed overhaul of data protection rules put forward by the previous administration. https://lnkd.in/ei3P-ZR9 2?? DMCC guidance brings GDPR collision threat, by Ben Duncan-Duggal: A line in Competition and Consumer Protection Commission draft guidance for the Digital Markets, Competition and Consumers Act has created a potential clash with the #GDPR – but the regulator could be set to work through any problems with the Information Commissioner's Office. https://lnkd.in/edCe3HM7 3?? Meta UK AI processing complaint takes aim at legitimate interest, by Tom Webb: An NGO has argued to the ICO that Meta cannot invoke legitimate interest to process users’ data for AI purposes. https://lnkd.in/eKEJYCax Access the specialist reporting team's content at the Lexology PRO data hub: https://lnkd.in/e33EzTjU

Another privacy all star visited with Jenny Lewis Holmes and me for our latest episode of "A Little Privacy, Please!" International privacy law expert Professor Woody Hartzog of Boston University School of Law dropped by to discuss web scraping and AI and to offer some tips for surviving Boston winters. Interview linked below. #nixonpeabodycyber #alittleprivacyplease