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Dr. Gabriela Zanfir-Fortuna Profile picture
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20 Apr, 5 tweets, 3 min read
Time to pay close attention to #China & #India's comprehensive #DataProtection bills. Why? Because they are coming probably by the end of 2021, they are giving 'data subject' rights to app 2.7 billion people & they legislate DP where the US is absent: 1/ linkedin.com/posts/iapp---i…
In this panel that opened the #GPS2021 online sessions for @PrivacyPros, I explore with Barbara Li and Malavika Raghavan @teninthemorning some of the context & background leading to these two legislative developments in China and India, as well as the burning topics of ... 2/
...data localization, international data transfers, private rights of action and enforcement. There was so much more to talk about - we promise to be back with a follow-up and a deeper dive into individual data subject rights and other practical topics. Why the time pressure? 3/
As Barbara announced in the panel, the Chinese authorities included a discussion of the #PIPL on their agenda for April 26-29, which means the draft is moving fast and we are likely to see the law by the end of 2021. #boom 4/
As for #India, things are less clear, but Malavika explained why it is possible to still see the law by the end of 2021, w the Report of the Joint Committee, to introduced in the next parliamentary session, being the most complicated step, which will clear the path afterwards.END

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Dr. Gabriela Zanfir-Fortuna Profile picture
21 Apr
And it dropped! Here it is, the official proposal of the @EU_Commission for an AI Regulation:
#AIRegulation
#EUAIReg
1/
 digital-strategy.ec.europa.eu/en/library/pro…
Per art. 1 the draft reg covers:
- placing on the market
- putting into service
- use of AI systems in the Union
Does this leave out training of AI? Possibly. But when they're trained w personal data, no worries. The GDPR applies.
2/
Other rules in scope of the regulation:
- prohibitions of certain AI systems (!)
- requirements for high-risk AI systems
- transparency rules for AI intended to interact w people
- rules on market monitoring and surveillance. 3/
Read 47 tweets
Dr. Gabriela Zanfir-Fortuna Profile picture
18 Apr
A couple of things I would keep in mind on this saga:
1) The 1st Constitutional Courts which declared unconstitutional the data retention laws transposing the defunct directive, did so in 2009, 2010 & 2011: 1st, the Romanian Const Court ❤️, then the German and Czech Const Courts.
2) Before them, the Bulgarian Supreme Administrative Court annulled a provision of the data retention national law in 2008.
What do these countries have in common? A history of suffering under surveillance states & no rule of law. Maybe they know this leads to bad stuff?
3) The ECJ tried to avoid the problem in a couple of cases, looking at formal issues & competence of the EU to act, when 1st looking at the 2006 Directive.
It couldn’t avoid it any longer when 2 other Constitutional-level tribunals sent it Qs : Austria & Ireland.
Read 10 tweets
Dr. Gabriela Zanfir-Fortuna Profile picture
15 Dec 20
I see a bit more interesting interaction between data protection rules and the #DigitalMarketsAct. Two points: (1) the obligation for gatekeepers to refrain from combining personal data from any other services offered by the gatekeeper or w PD from 3rd-party services, unless 1/
"unless the end user has been presented with the specific choice and provided consent in the sense of the GDPR" (Art. 5(a) of the proposal). And 2) the obligation for gatekeepers to submit to COM an annual independent audit w a description of the user profiling techniques 2/ #DMA
There are also data sharing obligations with third parties, including personal data, which are quite interesting. In fact, one of them speaks of "continuous and real time access" offered to business users (Art. 6(1)(i)) #DSA 3/
Read 5 tweets
Dr. Gabriela Zanfir-Fortuna Profile picture
14 Dec 20
And the text fo the long awaited #DigitalServicesAct Proposal is here! One day early, thanks to @SamuelStolton and his sources. One key thing to note is that the DSA is clearly without prejudice to both the GDPR and the ePrivacy Directive... euractiv.com/wp-content/upl… 1/n #DSA
which technically means that it applies on top of them and in case of conflict, the provisions in the #GDPR and the ePrivacy Directive prevail. There are 2 areas of interaction that immediately pop-up. First, the rules on recommender systems and online advertising 2/n #DSA
Both of these certainly rely on processing of personal data. But it seems there is broad convergence between the existing #EUDataP regime and the proposed #DSA, especially in relation to transparency and rights to explanation 3/n #DSA
Read 13 tweets
Dr. Gabriela Zanfir-Fortuna Profile picture
25 Nov 20
Momentous development in EU law for the digital market: the EU Commission is expected to publish today the #DataGovernanceAct proposal for a Regulation. From a new European Board, to fiduciary duties, to data intermediaries, data cooperatives (!) and data altruism… 1/
There are plenty of things to look out for! Here is my top list of hot topics, based on the leaked version that circulated among Brussels tech media a couple of weeks back. First: lots of “data sovereignty” undertones to key rules, sometimes sliding into data localization … 2/n
Exhibit A: The title regulating the re-use of data held by public sector bodies allows such re-use by different actors “within the Union”, with an additional specification that “the processing of such data shall be limited to the European Union” 3/
Read 15 tweets
Dr. Gabriela Zanfir-Fortuna Profile picture
24 Nov 20
Big thanks to @ddoneda @rafa_zanatta @brunobioni @RenatoLeiteM and Laura Schertel Mendes for enlightening us at @futureofprivacy about the complexity of the Brazilian jurisdictional system and the wondrous ways in which the #LGPD takes a life of its own ... 1/n
... within the federalized legal system, where consumer protection agencies, big and small, have a strong tradition of enforcing consumer rights, where Prosecutors from the Public Ministry - federal and regional, have the power to bring #LGPD breaches to Court ... 2/n
... where there is a long tradition of class actions, with actually very few barriers to proceed in Court from an admissibility and costs perspective, where the Supreme Constitutional Court recognized this year an autonomous fundamental right to data protection... 3/n
Read 5 tweets

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