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EDPS Newsletter #100

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https://edps.europa.eu/press-publications/publications/newsletters/newsletter-100_en#hundred
This is our 100th Newsletter! Enjoy a trip down memory lane on EDPS history. Read about the EDPS piloting the use of Open Source software, our latest Opinions on Parenthood and equality bodies for equal treatment. In this edition, you can also find out about how we conduct investigation into EU institutions' activities with an impact on data protection. And, there is always more!

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Cybersecurity of AI and Standardisation

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https://www.enisa.europa.eu/publications/cybersecurity-of-ai-and-standardisation
The overall objective of the present document is to provide an overview of standards (existing, being drafted, under consideration and planned) related to the cybersecurity of artificial intelligence (AI), assess their coverage and identify gaps in standardisation. It does so by considering the specificities of AI, and in particular machine learning, and by adopting a broad view of cybersecurity, encompassing both the ‘traditional’ confidentiality–integrity–availability paradigm and the broader concept of AI trustworthiness. Finally, the report examines how standardisation can support the implementation of the cybersecurity aspects embedded in the proposed EU regulation laying down harmonised rules on artificial intelligence (COM(2021) 206 final) (draft AI Act).
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EU lawmakers formalise position on the Data Act in plenary vote

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https://www.euractiv.com/section/data-privacy/news/eu-lawmakers-formalise-position-on-the-data-act-in-plenary-vote/
EU lawmakers adopted their version of the Data Act with an overwhelming majority during a plenary vote at the European Parliament in Strasbourg on Tuesday (14 March).

The Data Act is a landmark legislative proposal intended to remove barriers to the circulation of industrial data by regulating the rights and obligations of all the economic actors involved in sharing data from Internet of Things (IoT) products – connected devices capable of collecting and exchanging data.

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Leading EU lawmakers propose obligations for General Purpose AI

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https://www.euractiv.com/section/artificial-intelligence/news/leading-eu-lawmakers-propose-obligations-for-general-purpose-ai/
The EU lawmakers spearheading the work on the AI Act pitched significant obligations for providers of large language models like ChatGPT and Stable Diffusion while seeking to clarify the responsibilities alongside the AI value chain.

The AI Act is a flagship EU legislation to regulate Artificial Intelligence based on its capacity to cause harm. A big question mark in the negotiations of the legislative proposal is how to deal with General Purpose AI (GPAI), large language models that can be adapted for various tasks.

The offices of the European Parliament’s co-rapporteurs, Dragoș Tudorache and Brando Benifei, shared on Tuesday (14 March) a first draft on this sensitive topic, proposing some obligations for the providers of this type of AI models and responsibilities for the different economic actors involved.

General Purpose AI is an “AI system that is trained on broad data at scale, is designed for generality of output, and can be adapted to a wide range of tasks”.

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Top EU court lowers hurdles for diesel claims over illegal software

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https://www.euractiv.com/section/transport/news/top-eu-court-lowers-hurdles-for-diesel-claims-over-illegal-software/
Diesel exhaust treatment software that shuts down below certain temperatures is illegal and such car owners are entitled to seek compensation, the EU’s top court said Tuesday (21 March), opening the door to a fresh wave of “dieselgate” suits.

The European Court of Justice (ECJ) said “the purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser”.

The judgement paves the way for a wave of fresh compensation claims against carmakers that equipped diesel cars with so-called “thermal window” software.
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Digital Markets Act: Commission creates High-Level Group to provide advice and expertise in implementation

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https://digital-strategy.ec.europa.eu/en/news/digital-markets-act-commission-creates-high-level-group-provide-advice-and-expertise-implementation?pk_source=ec_newsroom&pk_medium=email&pk_campaign=Shaping%20Europe%E2%80%99s%20Digital%20Future
Today the European Commission adopted a decision to establish a High-Level Group on the Digital Markets Act (DMA).
photo of a person holding a mobile phone with superposed icons of available services
Copyright iStock photo Getty images plus
In line with the requirements in the DMA, this group will be composed of 30 representatives nominated from the Body of the European Regulators for Electronic Communications (BEREC), the European Data Protection Supervisor (EDPS) and European Data Protection Board, the European Competition Network (ECN), the Consumer Protection Cooperation Network (CPC Network), and the European Regulatory Group of Audiovisual Media Regulators (ERGA).

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Brazil Update: Administrative Sanctions Loom with New Regulation

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https://www.natlawreview.com/article/brazil-update-administrative-sanctions-loom-new-regulation
Brazil’s Data Protection Agency clarifies what sanctions look like for violations of the country’s General Data Protection Law.[1]

On Feb. 27, 2023, Brazil’s Data Protection Agency (ANPD) issued the Regulation of Dosimetry and Application of Administrative Sanction (Regulation), which details fines and other sanctions for violations of Brazil’s General Data Protection Law (LGPD) by applicable businesses.[2] The ANPD released the Regulation to encourage businesses to comply with LGPD before the agency begins applying penalties for noncompliance. This blog post describes the nine possible sanctions available to the ANPD, circumstances that could generate such sanctions, and considerations for businesses to reduce their risk of being penalized.

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TikTok CEO fails to convince Congress that the app is not a “weapon” for China

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https://arstechnica.com/tech-policy/2023/03/congress-calls-tiktok-ceos-security-and-privacy-assurances-worthless/
For nearly five hours, Congress members of the House Committee on Energy & Commerce grilled TikTok CEO Shou Zi Chew over concerns about the platform's risks to minor safety, data privacy, and national security for American users.

“The American people need the truth about the threat TikTok poses to our national and personal security,” committee chair Cathy McMorris Rodgers (R-Wa.) said in her opening statement, concluding that “TikTok is a weapon.”

Rodgers suggested that even for Americans who have never used the app, “TikTok surveils us all, and the Chinese Communist Party (CCP) is able to use this as a tool to manipulate America as a whole.”

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Who’s Winning the AI Race? It’s Not That Simple.

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https://dnyuz.com/2023/03/27/whos-winning-the-ai-race-its-not-that-simple/
The United States is no stranger to technological arms races, having spent much of the Cold War in a two-pronged one-upmanship effort against the Soviet Union to build bigger rockets and land those on the moon. Its rivalry now is with China, and the latest battleground is artificial intelligence.

The United States is no stranger to technological arms races, having spent much of the Cold War in a two-pronged one-upmanship effort against the Soviet Union to build bigger rockets and land those on the moon. Its rivalry now is with China, and the latest battleground is artificial intelligence.

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Coordinated Enforcement Action on the role of data protection officers

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https://edps.europa.eu/press-publications/press-news/press-releases/2023/coordinated-enforcement-action-role-data-protection-officers-0_en
Launched in March 2023, the EDPS is taking part in the European Data Protection Board’s (EDPB) Coordinated Enforcement Action on the role and tasks of data protection officers, alongside 26 data protection authorities of the EU and the European Economic Area (EU/EEA).

Wojciech Wiewiórowski, EDPS, said: “The role of a data protection officer is crucial in ensuring that data protection law is applied within entities in the EU, and within EU institutions, bodies, offices and agencies (EUIs). By bridging the gap between EU data protection law and its practical application, data protection officers help to promote the effective protection of individuals’ privacy and personal data. Cooperating with the EDPB aims to facilitate the consistent and coherent application of data protection law, its principles, and good practices across the EU/EEA.”

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Executive Order on Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security

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https://www.whitehouse.gov/briefing-room/presidential-actions/2023/03/27/executive-order-on-prohibition-on-use-by-the-united-states-government-of-commercial-spyware-that-poses-risks-to-national-security/
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Technology is central to the future of our national security, economy, and democracy. The United States has fundamental national security and foreign policy interests in (1) ensuring that technology is developed, deployed, and governed in accordance with universal human rights; the rule of law; and appropriate legal authorization, safeguards, and oversight, such that it supports, and does not undermine, democracy, civil rights and civil liberties, and public safety; and (2) mitigating, to the greatest extent possible, the risk emerging technologies may pose to United States Government institutions, personnel, information, and information systems.
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Twitter is dying

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https://techcrunch.com/2023/03/28/twitter-is-dying/
It’s five months since Elon Musk overpaid for a relatively small microblogging platform called, Twitter. The platform had punched about its weight in pure user numbers thanks to an unrivalled ability to both distribute real-time information and make expertise available. Combine these elements with your own critical faculty — to weed out the usual spam and bs — and it could feel like the only place online that really mattered.

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The EU's home affairs chief wants to read your private messages

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https://www.euronews.com/2023/03/28/the-eus-home-affairs-chief-wants-to-read-your-private-messages
A new law is threatening the privacy of the European Union’s 447 million inhabitants.

The CSA Regulation, proposed by European Commissioner Ylva Johansson, could undermine the trust we have in secure and confidential processes like sending work emails, communicating with our doctors, and even governments protecting intelligence.

The regulation wants to routinely scan our private communications online using AI tools to look for the spread of child sexual abuse material.

It does not matter if you are suspected of a crime or not, this scanning could include everyone — hundreds of millions of law-abiding European residents.

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TechDispatch #1/2023 - Central Bank Digital Currency

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https://edps.europa.eu/data-protection/our-work/publications/techdispatch/2023-03-29-techdispatch-12023-central-bank-digital-currency_en
Countries around the world are examining whether they should offer central bank money to the public not only as banknotes and coins, but also in digital form.

The fact that the majority of central banks around the world have already started exploring the possibility of launching a state-owned digital currency comes as a response to the increased adoption of digital, contactless payments, cryptocurrencies and e-commerce, further accelerated by Covid-19, b and also due to the possibilities offered by these digital currencies as a more flexible monetary tool compared to the existing non-digital currency.

Privacy, the protection of personal data and security are amongst the most important requirements, which impact the core design choices to be taken, as well as expected citizens’ trust and acceptance.

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Pause Giant AI Experiments: An Open Letter

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https://futureoflife.org/open-letter/pause-giant-ai-experiments/
AI systems with human-competitive intelligence can pose profound risks to society and humanity, as shown by extensive research[1] and acknowledged by top AI labs.[2] As stated in the widely-endorsed Asilomar AI Principles, Advanced AI could represent a profound change in the history of life on Earth, and should be planned for and managed with commensurate care and resources. Unfortunately, this level of planning and management is not happening, even though recent months have seen AI labs locked in an out-of-control race to develop and deploy ever more powerful digital minds that no one – not even their creators – can understand, predict, or reliably control.

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Aziende e gestione dei dati, solo il 15% è a prova di futuro

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https://www.adnkronos.com/aziende-e-gestione-dei-dati-solo-il-15-e-a-prova-di-futuro_4uuZ1UbYY6ttQFp4CM6gcV
Solo una minoranza (15%) delle aziende soddisfa attualmente i criteri per essere definite "Data Leader". Il dato emerge da un report commissionato da Lenovo, ‘Data for Humanity’, realizzato attraverso interviste a executive di aziende con un fatturato pari o superiore a 500 milioni di dollari presenti in cinque paesi diversi, che ha analizzato come le più grandi imprese globali valorizzino i dati e quali siano le opportunità di utilizzarli per raggiungere i propri obiettivi e ottenere benefici in un contesto di mercato estremamente competitivo. I Data Leader sono un gruppo d'élite di aziende che hanno messo in atto strategie di successo basate su tre pilastri fondamentali: Data Management, Data Analytics e Data Security, che consentono un utilizzo più efficace dei dati in tutte le funzioni aziendali. Queste imprese incentrate sui dati hanno conseguentemente riscontrato numerosi di vantaggi e negli ultimi 12 mesi hanno aumentato con successo i ricavi (78%) e migliorato la soddisfazione dei clienti (70%). I Data Leader hanno anche molte meno probabilità di subire gli effetti di una scarsa produttività dei dipendenti (13%) e di una riduzione del tasso di innovazione (10%).

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Privacy Resources - Documenti aggiornati

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https://www.privacyresources.eu/
Abbiamo aggiornato i documenti su https://www.privacyresources.eu - le nostre risorse sulla privacy @privacyresources - con gli ultimi documenti pubblicati.
#privacyresources #protezione dei dati #privacy #documenti
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Messaging Layer Security: Secure and Usable End-to-End Encryption

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https://www.ietf.org/blog/mls-secure-and-usable-end-to-end-encryption/
The IETF has approved publication of Messaging Layer Security (MLS), a new standard for end-to-end security that will make it easy for apps to provide the highest level of security to their users. End-to-end encryption is an increasingly important security feature in Internet applications. It keeps users’ information safe even if the cloud service they’re using has been breached.

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AI Act: European Parliament headed for key committee vote at end of April

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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-european-parliament-headed-for-key-committee-vote-at-end-of-april/
EU lawmakers in the leading European Parliament committees are voting on the political agreement on the AI Act on 26 April, with many questions being settled but a few critical issues still open.

The AI Act is a landmark EU proposal to regulate Artificial Intelligence based on its potential to cause harm. The European Parliament is set to finalise its position on the file by May to quickly enter into negotiations with the EU Council and Commission in the so-called trilogues.

The discussions on the AI regulation have taken longer than expected due to political infighting in the Parliament, which resulted in a co-lead of the Internal Market and Consumer Protection committee (IMCO) and Civil Liberties committee (LIBE).

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