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Guilty pleasure: pleading alongside (!) the Belgian Data Protection Authority not just once but three times over the past few months. I’m used to being on the other side, but when a decision isn’t against your client but a third party, you might have the unusual opportunity to support the authority’s position in Court. A […]
What does the EU Council’s draft Presidency compromise text on the GDPR & ePrivacy Digital Omnibus tell us? (1) The Council (for now) seems to recognise the need to clarify the concept of “personal data”. As a Recital 27a would provide: The identification of a natural person should be assessed *ex ante and in concreto*, […]
What is “specific consent”? The EDPB’s acceptance of “broad consent” and “dynamic consent” in its new Guidelines is interesting, but its focus on (a limited view of) “scientific research” is problematic. According to those new Guidelines: In the field of scientific research, it is possible for controllers to rely on the consent of a data […]
Australia’s first report on the social media ban has several key lessons for European countries contemplating a similar approach – and for the EU’s special panel on online child safety: – Based on a survey of 898 parents of children from 8 to 15: “Of the parents who reported their child had an account on […]
Recently, there have been a few strange comments on the ePrivacy aspects of the Digital Omnibus. I’ll tackle browser-level settings later, but today I want to focus on one issue: what are the ePrivacy Directive consequences of the new Art. 88a proposal? Article 5(3) of the ePrivacy Directive (ePD) is known as the “cookie rule” […]
EDPB stakeholder event write-up: From “no one wants political ads” to “political parties have to be able to reach their local audience”, today’s topic wasn’t very sexy (the “processing of personal data for the targeting or delivery of political advertisements”) but it still was a colourful event. No bar fight unlike some previous stakeholder events, […]
What is “political advertising” – or not? And when is it permitted? Scope creep beyond legislative intent is a real danger, a risk *everyone* should care about (even if you don’t think political ads concern you). The descriptively named “EU Regulation on Transparency and Targeting of Political Advertising” (“TTPA” for short) has two key aims: […]
Is Brillen-Rottler truly nothing new, as some appear to be suggesting? This new judgment of the EU Court of Justice confirms that data subject access requests made with a demonstrable aim of obtaining an advantage other than the gaining of awareness about the processing of personal data can be rejected as abusive. Given the number […]
What evolutions await data protection litigation & GDPR fines/sanctions in Belgium? Since Hielke Hijmans announced he is stepping down from his role as Director of the Litigation Chamber of the Belgian Data Protection Authority, hearings in ongoing cases have been pushed back until an as of yet unspecified date. It’s unclear whether it is feasible […]
Why banning minors from accessing social media etc is a bad idea: (i) While I think it is unjustified fear-mongering, several consumer rights organisations and privacy researchers say it will lead to mandated surveillance of Internet usage, and that it will concentrate power among the platforms that are able to deploy age verification effectively. I […]