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Michael Veale @mikarv@someone.elses.computer Profile picture
@mikarv
Feb 1, 2022 • 11 tweets • 4 min read • Read on X
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Very detailed and wide-ranging decision of the Belgian DPA regarding cookie tracking in relation to (from inference, it's badly anonymised...) the @EDAATweets, the service that runes Your Online Choices (ht @PrivacyMatters) autoriteprotectiondonnees.be/publications/d…
Admittedly, the Chamber at the end says it wasn't really trying to anonymise. Image
So, the EDAA runs a site called "Your Online Choices", an incredibly little used, awkward & archiaic self regulatory initiative of the ad industry to try and claim that people have online choices in the absence of them. This website is linked to by ads, and itself places cookies. ImageImageImage
Here's the headline findings. Violation of arts 12-13 GDPR for laying a cookie to test the water for acceptability of cookies before consent banner was given. Image
Violation of art 13, GDPR for just putting a link to a privacy policy rather than displaying concrete and specific information about the cookies used. Image
No clear violation, just a strong recommendation (?) followed by an order (??), that countries data being transferred to needs to be included. Likely because the register is "based on a European regulator's model" so Belgian DPA doesn't want to start a fight...? ImageImage
the Your Online Choices tracking page did not need a DPO Image
No breach of a cookie wall ban as you could browse the website with strictly necessary cookies only, but the Belgiam DPA makes it clear that it will take a dim view of cookie walls for non strictly necessary purposes. Image
Ultimately the latter was seemingly predictable because the website wasn't contingent on using non necessary cookies (unless of course you consider its structural role in enabling them throughout the whole adtech industry, but DP doesn't do structural roles well...)
It seems mostly this decision fiddles with the information requirements a bit. A real question would be whether or not a cookie banner could ever contain too many actors, or too much info, to ever consent to. Indications in this decision that the Belgian DPA may think it could.
oh also worth noting that this is a cross border case, was passed over from a data subject in Germany, EDAA is headquartered in Brussels.

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More from @mikarv

Michael Veale @mikarv@someone.elses.computer Profile picture
Nov 20, 2023
How do and should model marketplaces hosting user-uploaded AI systems like @HuggingFace @GitHub & @HelloCivitai moderate models & answer takedown requests? In a new paper, @rgorwa & I provide case studies of tricky AI platform drama & chart a way forward. osf.io/preprints/soca…
Moderating Model Marketplaces: Platform Governance Puzzles for AI Intermediaries. The AI development community is increasingly making use of hosting intermediaries such as Hugging Face that provide easy access to user-uploaded models and training data. These model marketplaces lower technical deployment barriers for hundreds of thousands of users, yet can be used in numerous potentially harmful and illegal ways. In this article, we argue that AI models, which can both `contain' content and be open-ended tools, present one of the trickiest platform governance challenges seen to date. We prov...
@huggingface @github @HelloCivitai @rgorwa There are a growing number of model marketplaces (Table). They can be hosting models that can create clear legal liability (e.g. models that can output terrorist manuals or CSAM). They are also hosting AI that may be used harmfully, and some are already trying to moderate this. Image
@huggingface @github @HelloCivitai @rgorwa Models can memorise content and reproduce it. They can also piece together new illegal content that has never been seen before. To this end, they can be (and some regimes would) equate them with that illegal content. But how would marketplaces assess such a takedown request?
Read 23 tweets
Michael Veale @mikarv@someone.elses.computer Profile picture
Aug 19, 2022
Int’l students are indeed used to subsidise teaching. High quality undergraduate degrees cost more than £9250 to run (always have in real terms), but were been subsidised by both govs (now rarely) & academic pay cuts. If int’l students capped, what fills the gap @halfon4harlowMP?
Tuition fees are a political topic because they’re visible to students, but the real question is ‘how is a degree funded’? The burden continues to shift from taxation into individual student debt, precarious reliance on int’l students, and lecturer pay.
Universities like Oxford distort the narrative too. College life is largely, often subsidised by the college endowment and assets, by the past. The fact so much of the political class went to a university with a non replicable funding model compounds issues hugely.
Read 4 tweets
Michael Veale @mikarv@someone.elses.computer Profile picture
Aug 19, 2022
Users of the Instagram app should today send a subject access request email to Meta requesting a copy of all this telemetry ‘tap’ data. It is not provided in the ‘Download Your Information’ tool. Users of other apps in the thread that do this (eg TikTok) can do the same.
Form: m.facebook.com/help/contact/5…
Say you are using Art 15 GDPR to access a copy of data from in-app browsers, including all telemetry and click data for all time. Say it is not in ‘Download your Information’. Link to Krause’s post for clarity. Mention your Instagram handle.
If you have trouble getting it (you will) you can return and ask for tips here, or read our thoughts & regulators’ views on flawed common refusals:
@Jausl00s + me, ‘Researching with Data Rights’: techreg.org/article/view/1…
@EU_EDPB (consultation doc) edpb.europa.eu/system/files/2…
Read 4 tweets
Michael Veale @mikarv@someone.elses.computer Profile picture
Jul 18, 2022
The Data Protection and Digital Information Bill contains a lot of changes. Some were previewed in the June consultation response. Others weren't. Some observations: 🧵
Overshadowing everything is an ability for the Secretary of State to amend anything they feel like about the text of the UK GDPR through regulations, circumventing Parliamentary debate. This should not happen in a parliamentary democracy, is an abuse of powers, and must not pass.
Article 22, around automated decision-making, is gone, replaced by three articles which in effect say that normal significant, automated decisions are never forbidden but get some already-present safeguards; decisions based on ethnicity, sexuality, etc require a legal basis.
Read 15 tweets
Michael Veale @mikarv@someone.elses.computer Profile picture
Jul 18, 2022
No legislation envisaged, just v general "cross-sectoral principles on a non-statutory footing". UK gov continues its trend of shuffling responsibility for developing a regulatory approach onto the regulators themselves, while EU shuffles it onto private standards bodies.
Meanwhile, regulators are warned not to actually do anything, and care about unspecified, directionless innovation most of all, as will be clearer this afternoon as the UK's proposed data protection reforms are perhaps published in a Bill.
Read 5 tweets
Michael Veale @mikarv@someone.elses.computer Profile picture
May 13, 2022
By my calculations, @officestudents' "unexpected" first class degrees model they calc grade inflation with uncritically expects a white, non-mature/disabled female law student to have a 40.5% chance of a First; the same Black student to have 15.4% chance. theguardian.com/education/2022…
The data is hidden in Table 6 of the annex to the report here officeforstudents.org.uk/publications/a… (requires you to add up the model estimates, do inverse log odds) Image
(I also used the 2020-21 academic year but you can choose your own)
Read 6 tweets

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