I keep coming back to the idea that Data Protection law (at least as expressed in the GDPR) has two explicit objectives: to “protect natural persons” and to enable “free movement of data”. And those are presented as compatible, not conflicting. In the case of a couple of the Article 6 lawful bases for processing that’s […]
“Consent” is a word with many meanings. In data protection it’s something like “a signal that an individual agrees to data being used”. But in political theory “consent to be governed” is something very different. A panel at the PrivSec Global conference suggested that the latter – also referred to as the “social contract” – […]
A fascinating panel at the PrivSec Global conference looked at how individual courts and regulators have responded to the Schrems II decision on international transfers of personal data. That decision, and the subsequent guidance from the European Data Protection Board, aimed to establish a consistent regime for transferring personal data from the EEA to external […]
The Information Commissioner’s new blog post explains how Data Protection law should be seen as a guide to when and how to share information in emergencies, not an obstacle to such sharing. In health emergencies three provisions are most likely to be relevant: Explicit Consent (GDPR Art.9(2)(a)): where an individual chooses to disclose information, such […]
A fascinating discussion at today’s QMUL/SCL/WorldBank event on AI Ethics and Regulations on how we should develop such ethics and regulations. There was general agreement that an ethical approach is essential if any new technology is to be trusted; also, probably, that researchers and developers should lead this through professionalising their practice. First steps are […]
[UPDATE: slides from my TF-CSIRT presentation are now available] Several years ago I wrote a paper on using the GDPR to decide when the benefits of sharing information among network defenders outweighed the risks. That used the Legitimate Interests balancing test to compare the expected benefits – in improving the security of accounts, systems or […]
The EDPB’s new Guidance on Data Protection issues around Virtual Voice Assistants (Siri, Alexa and friends) makes interesting reading, though – as I predicted a while ago for cookies – they get themselves into legal tangles by assuming “If I need consent for X, might as well get it for Y”. We’ve been focusing more […]
It’s interesting to see the (UK) ICO’s response to the (EU) consultation on an AI Act. The EU proposal won’t directly affect us, post-Brexit, but it seems reasonable to assume that where the ICO “supports the proposal”, we’ll see pretty similar policies here. Three of those seem directly relevant to education: That remote biometric identification […]
The ICO’s proposals for international transfers seem closer to the actual findings of the Schrems II case than the EDPB’s effective demand that processing of non-pseudonymised data be kept within Europe. However, as a risk-based scheme, it will require more work from both exporters and importers to demonstrate that transferring doesn’t create significantly greater risk […]
The Government’s Online Safety Bill proposes to impose duties on “user-to-user services” to deal with harmful (including both lawful and unlawful) content and to protect free speech while doing so. Unlike most operators of on-line discussion platforms, educational institutions already have legal duties in both areas: through legislation on safeguarding, preventing radicalisation, and free speech. […]