In three-month time, the General Data Protection Regulation (GDPR), will become applicable to many, if not all, data processing activities to which living individuals can be associated. Businesses operating in Europe have had about two years to prepare for this change. As readers know, even if the GDPR is a lengthy piece of … Continue reading
Tag Archives: Article 29 Working Party
big data / Consumer data / GDPR / Legitimate interest / metadata / Privacy impact assessment / pseudonymisation
EU Article 29 Working Party consults on draft guidance on automated decision-making and profiling
“Computer says ‘No’”? …So, what exactly do the regulators think that the GDPR says in response? Last month, the Article 29 Working Party (Art.29 WP) announced that it is seeking feedback on draft Guidelines on automated individual decision-making including profiling (WP251) under the General Data Protection Regulation ((EU) 2016/679) (GDPR) in advance of its arrival … Continue reading
content regulation / Copyright / Data protection / filtering / freedom of expression / Human rights / illegal content / Internet intermediaries / notice-and-action / notice-and-take down / online platforms
Data Protection and Copyright: Could Art. 29 WP guidance on automated decision-making “help” with filters?
In its own way, the pan-EU Article 29 Data Protection Working Party (Art. 29 WP) has been very active in the past few months. One of the most awaited piece of advice released by Art. 29 WP this month covers automated individual decision-making and profiling for the purposes of Regulation 2016/679 (Opinion WP 251). Why … Continue reading
big data / Data protection / data protection agencies / General Data Protection Regulation / Privacy impact assessment / Risk-based approach / sensitive data
New EU Guidelines on Data Protection Impact Assessments
Assessing the likelihood of a ‘deep impact’ – but how ‘deep’ is ‘deep enough’ and by whose standards? In other words, how exactly do you develop a methodology for determining whether processing is “likely to result in a high risk” to data subjects under the GDPR? Draft guidelines on conducting data protection impact assessments (DPIAs) … Continue reading
Data protection / General Data Protection Regulation / ICO / Personal data / pseudonymisation / Risk-based approach / sensitive data
ICO Requests Feedback on New Data Protection Profiling Provisions
If we stopped calling it ‘profiling’ and started calling it “creating composite, digital ‘mosaics’ by singling out, linking, and inferring personal attributes”, people might say “Well, it’s about time” The UK Information Commissioner’s Office (ICO) has published a discussion paper seeking feedback on profiling provisions under the EU’s General Data Protection Regulation (GDPR). The deadline … Continue reading
Data retention / Data transfer / Human rights / Law enforcement / safe harbour / Security / Surveillance
CJEU Advocate General opines on the compatibility of EU-Canada PNR Agreement with EU Charter rights to privacy and personal data protection
We’ve heard it before, and we’ll hear it again… ‘How can interference with fundamental EU rights to privacy and personal data protection be justified when it comes to mass-automated data processing?’ In other words, to what extent will the EU Charter of Fundamental Rights keep this international agreement grounded before it can take flight? Earlier … Continue reading
EU Approves ‘Privacy Shield’ Safe Framework for Trans-Atlantic Personal Data Transfers
Privacy shields doubling as privacy swords? … While “the best defence” may also make a “good offence” (or, “offense”, as our US counterparts would call it), first you need to be confident that your defence strategy works! Last Friday, a statement was made by EU Vice-President Ansip and Justice Commissioner Vera Jourová announcing the adoption … Continue reading
anonymisation / Brexit / Data protection / Data transfer / digital identity / e-government / eIDAS / General Data Protection Regulation / safe harbour
eIDAS applies from 1 July 2016: An EU dream come true after a Brexit nightmare?
Six days after the results of the UK Brexit referendum and it is still very hard to go back to a “normal” life, especially while remaining an EU citizen living in the UK. One of the most upsetting things of the referendum, at least for lawyer, is its nonsense. This holds true in particular … Continue reading
anonymisation / big data / Data protection / General Data Protection Regulation / Internet intermediaries / metadata / pseudonymisation / Risk-based approach / Surveillance
Mind the Caveats – CJEU Advocate General opines that Dynamic IP Addresses can be Personal Data … (sometimes)
“I am not a number …” – but to what extent does EU data protection law deem that I am identifiable from one if someone somewhere could link it back to me at a single point in time? The Court of Justice of the EU (CJEU) has been hearing arguments in a case involving the … Continue reading
anonymisation / big data / Data protection / General Data Protection Regulation / Geo-location data / Personal data / Privacy / Privacy impact assessment / pseudonymisation
Location Data and Making Sense of the Goldilocks Paradox of Legal Anonymisation (too much, too little or just right…?)
Collect, delete, repeat …. From ‘Where I am’ to ‘Who I am’, and back again? To pick up the thread from my previous posts on the topic of location data here and here, this final piece in the set returns to the first theme I discussed. This relates to the legal debate over when location … Continue reading