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The European Data Protection Board and the European Data Protection Supervisor consider the European Commission to be a processor of patient data in the eHealth Digital Service Infrastructure

By Kristof Van Quathem & Anna Oberschelp de Meneses on July 17, 2019

On July 12, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the processing of patient data and the role of the European Commission within the eHealth Digital Service Infrastructure (“eHDSI”). Background The eHDSI system was established in the context of the eHealth Network. The system allows for the exchange of electronic health data of patients, in particular e-prescriptions and summaries of patient medical records,…

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German Supervisory Authorities Issue Guidance on Data Subject Rights

By Ulrike Elteste, Kristof Van Quathem & Anna Oberschelp de Meneses on July 12, 2019

Guidance on how to identify data subjects On July 1, 2019, the Bavarian Supervisory Authority for the public sector (“SA”) published guidance on how to verify the identity of data subjects exercising their data protection rights under the GDPR. The guidance is directed at public bodies, but is also helpful for private entities. According to the guidance, the controller may only request the provision of additional information if it has “reasonable doubts” about the data…

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The Growing Issue of ‘Dark Patterns’ in Shopping Sites: What They Are and What You Should Know About Them

By William Stern, Laura Kim & John Graubert on July 9, 2019

You may have heard the phrase “dark patterns” as shorthand for various user interfaces designed to influence users’ decisions. They can range from the perfectly innocent to the unethical, and even illegal. Whatever the form, dark patterns have recently drawn attention from the mainstream press. Dark patterns are coming out from the shadows. And when that happens, class action lawyers can’t be far behind.…

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ICO Updates Guidance on Cookies and Similar Technologies

By Mark Young on July 4, 2019

Back in 2013, we published a blog post entitled, “European Regulators and the Eternal Cookie Debate” about what constitutes “consent” for purposes of complying with the EU’s cookie rules. The debate continues… Yesterday, the ICO published new guidance on the use of cookies and a related “myth-busting” blog post. Some of the “new” guidance really just repeats existing guidance, but other aspects may require organizations to review their current practices. We summarize key points…

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German Bundestag approves 2nd German Data Protection Adaptation Act (“2nd DSAnpUG”): Summary of significant changes for German data protection laws.

By Liza Herberger & Lars Lensdorf on July 3, 2019

On 28 June 2019, the German Bundestag passed the 2nd DSAnpUG which will amongst other things further adapt the German Federal Data Protection Act („BDSG“), the German Federal Registration Act (“BMG”), the German Act on the Federal Office for Security in Information Technology (“BSI-Act”) and the Act on the Establishment of a Federal Institute for Digital Radio of Authorities and Organizations with Security Responsibilities (“BDBOS-Act”) to the provisions of the General Data Protection Regulation („GDPR“).…

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Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI

By Lisa Peets, Gabe Maldoff & Sam Jungyun Choi on July 2, 2019

On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”). The AI HLEG is an independent expert group established by the European Commission in June 2018. The Recommendations are the second…

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French Supervisory Authority will issue new guidelines on cookies

By Kristof Van Quathem & Anna Oberschelp de Meneses on June 29, 2019

On June 28, 2019, the French Supervisory Authority (CNIL) announced that it will issue new guidelines on the use of cookies for direct marketing purposes. It will issue these guidelines in two phases. First, during July 2019, the CNIL will update its guidance issued in 2013 on cookies. According to the CNIL, the 2013 guidance is outdated because it refers to implied consent (i.e., consent through the continued use of the website) as an acceptable…

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Maine Enacts Broadband Privacy Law

By Inside Privacy on June 28, 2019

Earlier this month, Maine’s legislature enacted a new statute granting broad privacy rights to internet users in the state. Hailed as “the strictest consumer privacy protections in the nation,” the statute places among the toughest burdens on regulated entities to protect the data of their consumers. The statute applies only to broadband internet service providers (ISPs), defined as any “mass-market retail service by wire or radio that provides the capability to transmit data to and…

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ICO’s Call for Input on Bias and Discrimination in AI systems

By Lisa Peets, Marty Hansen & Sam Jungyun Choi on June 27, 2019

On June 25, 2019, as part of their continuing work on the AI Auditing Framework, the UK Information Commissioner’s Office (ICO) published a blog setting out their views on human bias and discrimination in AI systems. The ICO has also called for input on specific questions relating to human bias and discrimination, set out below. The ICO explains in its blog how flaws in training data can result in algorithms that perpetuate or magnify…

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UK Government’s Guide to Using AI in the Public Sector

By Lisa Peets, Marty Hansen & Sam Jungyun Choi on June 27, 2019

On June 10, 2019, the UK Government’s Digital Service and the Office for Artificial Intelligence released guidance on using artificial intelligence in the public sector (the “Guidance”). The Guidance aims to provide practical guidance for public sector organizations when they implement artificial intelligence (AI) solutions. The Guidance will be of interest to companies that provide AI solutions to UK public sector organizations, as it will influence what kinds of AI projects public sector organizations will…

Inside Privacy

Updates on developments in data privacy and cybersecurity

Blog Authors

The European Data Protection Board and the European Data Protection Supervisor consider the European Commission to be a processor of patient data in the eHealth Digital Service Infrastructure

German Supervisory Authorities Issue Guidance on Data Subject Rights

The Growing Issue of ‘Dark Patterns’ in Shopping Sites: What They Are and What You Should Know About Them

ICO Updates Guidance on Cookies and Similar Technologies

German Bundestag approves 2nd German Data Protection Adaptation Act (“2nd DSAnpUG”): Summary of significant changes for German data protection laws.

Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI

French Supervisory Authority will issue new guidelines on cookies

Maine Enacts Broadband Privacy Law

ICO’s Call for Input on Bias and Discrimination in AI systems

UK Government’s Guide to Using AI in the Public Sector

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