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Myth-busting time! This week, the EDPB published its Opinion on AI models & personal data, and then the Italian authority revealed it had fined OpenAI. But unlike what some are suggesting, the Italian decision *predates* the EDPB Opinion by a month. So let’s dispel a few myths surrounding that Opinion: – “Game changer”? The positions […]
Full analysis likely to come in the coming days, but some first thoughts on the EDPB’s “AI models & personal data” Opinion. In essence, the EDPB doesn’t exclude anything entirely but leaves it up to national supervisory authorities to make a call in cases they are handling – and while it doesn’t prohibit relying on […]
Digital Omnibus & GDPR: I like some things & dislike others about the proposal, but want to push back against claims that the “personal data” definition change will weaken protection. Of course some data protection supervisory authorities will say this (non-personal data generally falls outside of their remit), but is there truly weakening of protection […]
Privacy-friendly analytics: dismissal of complaint for lack of evidence of processing of personal data. Reasoning of the Belgian DPA’s Inspection Service, quoting SRB and Breyer & confirming our arguments: 1. Insufficient evidence of a GDPR infringement The complainant did not provide concrete evidence demonstrating that his personal data had actually been processed by the provider (or […]
Two victories before the Belgian DPA this week: dismissal of a complaint against a privacy-friendly analytics provider (re ads & content) due to lack of evidence of processing of personal data (Breyer + SRB having an impact), and one decision confirming that where data is shared pre-GDPR, the controller using it post-GDPR is the one […]
From fishing (instead of the GDPR) to a random “v” having appeared instead of a few words (a typo upon deletion?), the Commission’s GDPR & Data Act Omnibus feels like a rushed document. But what does it cover really? I’m focussing here on GDPR & ePrivacy: – Personal data definition: I like the idea of […]
Hopefully thought-provoking? My keynote on “Personal Data in a Digital World: What Are We Protecting?” kicked off the Nordic Privacy & Innovation Summit 2025 today in Stockholm. Among my topics: SRB, OT, ePrivacy, AI and AI model training, plus how to make the GDPR more workable (see slides, which show that data protection involves a […]
Key points from (& thoughts on) draft GDPR Digital Omnibus: First, Art. 4(1) GDPR would be completed with an SRB-like statement (great news), plus a mitigation of abusive interpretation of the Scania judgment (also great news). Art. 4(15) on “data concerning health” would also finally be more specific, avoiding some of the more awkward and […]
These excerpts from the Getty v Stability judgment will be interesting for data protection professionals to look at, not just copyright professionals: – Judge: “Stable Diffusion does not itself store the data on which it was trained” [para. 552 of the judgment] – Expert report: “Rather than storing their training data, diffusion models learn the […]
This is a big one – the Polish Supreme Administrative Court confirms that cookies & IP addresses aren’t always personal data (even in case of use of Google Analytics), and the burden of proof that they are in specific circumstances rests on the national authority, not the controller. It’s another good application of the EU […]