PrivacyPod: Recent Episodes

Panu Pökkylä, Heikki Tolvanen, Milla Keller

PrivacyPod is a podcast about privacy, technology and cookies. Its run by three privacy geeks.

We talk to interesting guests in the world of privacy and especially the GDPR. Heikki is the designated Cookie Monster, watch out for mentions about cookies and the blight on the internet. You could actually make a drinking game out of it.

We also cover the latest privacy news and provide somewhat expert commentary on it.

The show is suitable for all people interested in privacy, regardless of level of expertise. We do our best to talk "human" instead of lawyerisms.

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In this episode, our experts Hannes Saarinen and Pilvi Alopaeus take a closer look at one of the largest data breaches in Finland, where an attacker gained access to the City of Helsinki's network drive—compromising the personal data of around 300,000 people living in or, for example, attending school in Helsinki.

To help us unpack the case and the newly published investigation report, we're joined by Mikael Hitruhin, Data Protection Lawyer at the City of Helsinki, who has been part of the city's investigative team.

What went wrong? How could this have happened—and what does it have to do with Swiss cheese? We dive into both the technical and legal aspects, as well as Mikael's experiences and lessons learned from working through such a significant and devastating attack.

We'll also explore the upcoming change in Finnish law that would empower the Data Protection Ombudsman to issue fines to the public sector. Will the threat of fines raise the level of data protection in public organisations—and how might it affect public trust and the sense of justice?

LINKS:

The report:

https://www.turvallisuustutkinta.fi/material/sites/otkes/otkes/mvyzc49g6/P2024_Helsinki_Investigation_report.pdf

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We are back from summer break with a bunch of positive energy (that lasted through about the first two cases). This episode was recorded by Hannes, Jyri, and Pilvi on the historical day of data transfer anticlimax, despite all the LinkedIn posts preparing to sell you more legal advice. So, in this episode, we cover:

  • The Latombe I that was not meant to be (insert violins and a slow dramatic tear). The court said nothing to see here, move on. Nevertheless, we have opinions.
  • Austria’s Data Protection Authority took five and a half years to order YouTube to give people access to their personal data. Like good art, this stirred up some strong feelings in our hosts.
  • Google was not ordered to sell off Chrome and/or Android, but they were ordered to make the playing field a bit more open.
  • TikTok faces new investigations into their data transfers to China. Listen as our hosts jump into this rabbit hole and end up wondering: who is the true James Bond villain… and could it be… the EU?
  • Are we the baddies? Is the EU becoming authoritarian if it passes a law that will allow it to scan all private and even encrypted messages? More countries are objecting to this. What is at stake here — our European way of life?

Prepare for a rollercoaster of emotions, grab some popcorn, and hopefully, enjoy!

Latombe: https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-09/cp250106en.pdf

NOYB vs. YouTube https://www.euractiv.com/section/tech/news/austrias-privacy-watchdog-tells-youtube-to-give-users-access-to-their-data/

https://noyb.eu/en/noyb-win-youtube-ordered-honour-users-right-access

Google and antitrust: https://www.bbc.co.uk/news/live/cg50dlj9gm4t

China, James Bond, and TikTok: https://cybernews.com/security/tiktok-irish-investigation-eu-data-reached-china/?utm_source=chatgpt.com

EU…the baddie? About screening your messages: https://www.techradar.com/computing/cyber-security/chat-control-the-list-of-countries-opposing-the-law-grows-but-support-remains-strong?utm_source=chatgpt.com

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This PrivacyPod special episode was recorded on the very day the Latombe decision (T-553/23) was made, capturing the immediacy and raw analysis of a pivotal moment in EU–US data privacy law. Host Joost Gerritsen, together Prof. Dr. Gloria González Fuster (VUB, LSTS Director) and Pablo Trigo Kramcsák (PhD researcher, LSTS) delves into the EU General Court’s ruling and its implications for the EU–US Data Privacy Framework. With the judgment only hours old, the discussion is lively and unfiltered, blending critical legal insight with candid questions from the privacy community.

Gloria and Pablo examine the court’s highly formalistic approach, questioning whether the decision provides real legal certainty or simply upholds the status quo on paper. They discuss the ruling’s weaknesses, including unresolved issues of admissibility and standing, and debate whether the judgment genuinely protects fundamental rights or merely recirculates official arguments without genuine scrutiny. The conversation also covers hot topics like Article 22 GDPR, the functioning of US oversight mechanisms, and the political climate that influences data transfers between Europe and the US.

Throughout the episode, the panel answers audience queries, reflecting the pulse of the privacy profession as it digests the breaking news. These real-time reactions make this episode a unique snapshot of expert opinion as legal history is being written, offering essential listening for privacy professionals, legal scholars, and anyone following the saga of cross-border data flows.

If you would like to learn how this case relates to previous rulings and documents from supervisory authorities, please visit Digibeetle: https://digibeetle.eu/latombe

Press release on the Latombe case:

https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-09/cp250106en.pdf

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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In this episode, Jyri and Pilvi have been fished out from the pool and summer vacays to discuss privacy–and they desperately try to be optimistic, it’s summer, after all. Whippii.

In this episode, we wallow in the following cases:

  • TikTok Class Action in Germany (2000€ for the innocence of a child? How does that work? )
  • What is happening in the USA… (DOGE access to personal data, Palantir, migrant children’s data collected in data banks…Privacy and Liberties Oversight Board (PCLOB) in crisis?)
  • …and should folks in the EU be taking steps to prepare for the fall of DPF and should the EU start to become independent from the US tech giants? Denmark is leading the way?
  • Spotify SEK 58 million fines remains, no luck with appeals.
  • Japan gets a new AI law – with no penalties – innovation first.
  • Meta replaces people with AI to oversee privacy
  • A Dentist in France gets 50 000€ in damages from Google as they failed to remove negative reviews and their classic argument based on freedom of expression fails.

So crack open a cold one, forgive us for our damaged personalities, and hit play.

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:

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LINKS:

USA (below or open any news site): https://www.cnn.com/2025/06/06/politics/supreme-court-restores-doges-access-to-sensitive-social-security-data

https://www.wired.com/story/cbp-dna-migrant-children-fbi-codis/

https://www.nytimes.com/2025/05/30/technology/trump-palantir-data-americans.html

Denmark says no more:

https://www.thelocal.dk/20250603/danish-cities-drop-microsoft-over-trump-policies-and-financial-concerns

Spotify fines: https://www.imy.se/tillsyner/spotify-ratten-till-tillgang/

Japan and new AI law: https://www.japantimes.co.jp/news/2025/05/28/japan/japan-ai-law/

META and AI: https://www.npr.org/2025/05/31/nx-s1-5407870/meta-ai-facebook-instagram-risks

Dentist got dough out of Google: https://gdprhub.eu/index.php?title=CA_-_RG_n%C2%B0_22/01814&mtc=today

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In this Joost’s Case Corner episode Joost, Pilvi and Jyri discuss running and privacy. In fact, the cases on our chopping block today highlights that no matter how complex privacy is, it always comes back to the basic simple questions—that are anything but simple.

The chopping block serves you today the following cases:

  • Meta v EDPB [T-319/24, 29 April 2025] → Meta challenged the EDPB’s opinion about consent or pay and asked some dough for it as well–did they really think they would get some cash out of it? And how legally binding are these opinions?
  • CJEU Inspektorat kam Visshia sadeben savet [C-313/23, C-316/23, C-332/23, 30 April 2025] → Corruption and anti-corruption: Can national courts intervene in how supervisory authorities work?
  • CJEU Amt der Tiroler Landesregierung [C-638/23] → can something be a controller without it being a legal entity? This case’s decision is a pot of gold for all litigators.
  • CJEU Russmedia Digital and Inform Media Press [C-492/23] → case about an ad that advertised someone selling sexual services without the knowledge of the said someone who absolutely did not sell sexual services. Who is the controller here?

So push play and enjoy! Also a massive shout out to Sean Quinn who supported our podcast by buying us coffee.. You made our day, week, and year! Be like Sean, click the link below.

Links:

Meta v EDPB [T-319/24, 29 April 2025] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62024TO0319

Inspektorat kam Visshia sadeben savet [C-313/23, C-316/23, C-332/23, 30 April 2025] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62023CJ0313

Amt der Tiroler Landesregierung [C-638/23] https://curia.europa.eu/juris/document/document.jsf;jsessionid=5A19CB5FFBBA10630CAA5E780ED68940?text=&docid=297537&pageIndex=0&doclang=EN&mode=req&dir=&occ=first∂=1&cid=54213

CJEU Russmedia Digital and Inform Media Press [C-492/23] https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-02/cp250014en.pdf

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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In this Joost’s Case Corner episode Joost, Jyri, and Pilvi discuss why Netherlands you should go to Netherlands as well as some of the latest CJEU cases. On our chopping block today, are:

  • CJEU Deldits [C-247/23] aka. Hungary v. GDPR and LGBTQ+ rights:

GDPR and transgender identity: the rectification of data relating to gender identity cannot be made conditional upon proof of surgery. Spoiler alerts: we are still proud to be Europeans as the GDPR stood for the side of the good.

  • CJEU Dun & Bradstreet Austria [C-203/22]

Automated credit assessment: the data subject is entitled to an explanation as to how the decision was taken in respect of him or her. What about where and how to draw the line for the trade secrets?

These, and an excellent conversation about why carrots are orange (spoiler alert: it has all to do with Netherlands) awaits you!

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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Email: tietosuojapod@protonmail.com Joost’s Case Corner–why the carrots are orange

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In this episode Jyri and Pilvi try to overcome their urge to discuss anything else but privacy and just be negative and tired of how the world is going, and after a while they actually somewhat succeed in that–or perhaps succeed is a bit of a strong word.

In any case, we discuss the current world politics situation and how it might affect the DPF and data transfers to China, not to mention that Latombe I had its day in court. The political situation might also affect the coming GDPR revamp, but in which way?

We also discuss the following cases:

  • Meta’s and X’s decisions to teach their AIs with public posts by its users and what the Hamburg, Irish, and Norwegian DPAs have to say about it;
  • A case from ireland: Is the employer a controller for the employee’s personal life data in their work phone?
  • Amazon losing the appeal for MEUR 746 GDPR fines;
  • Spanish DPA giving out EUR 500K fine for the processor that added sub-processors without a proper authorization by the controller.

This, and much more that you never wanted to hear on this episode!

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:

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LINKS:

Meta & X’s AI decisions:

https://datenschutz-hamburg.de/news/meta-starts-ai-training-with-personal-data

https://techcrunch.com/2025/04/14/meta-to-start-training-its-ai-models-on-public-content-in-the-eu/

https://www.reuters.com/technology/irish-regulator-investigates-x-over-use-eu-personal-data-train-grok-ai-2025-04-11/?utm_source=chatgpt.com

Hypothetical damages:

https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=Aktuell&Sort=12288&nr=140810&anz=1159&pos=12

https://gdprhub.eu/index.php?title=BGH_VI_ZR_109/23&mtc=today

Work phone:

https://gdprhub.eu/index.php?title=High_Court_-_McShane_v_Data_Protection_Commission_(2025)_IEHC_191&mtc=today

Amazon fines:

https://www.reuters.com/technology/amazon-loses-court-fight-against-record-812-mln-luxembourg-privacy-fine-2025-03-19/?utm_source=chatgpt.com

Spanish fines:

https://gdprhub.eu/index.php?title=AEPD_(Spain)_-_EXP202307719&mtc=today

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Once again, Pilvi and Jyri are joined by the legendary Joost, in another episode of Joost Case Corner and the magic of European Court of Justice (and Court of First Instance) case law!

In this episode, Pilvi and Jyri (with some connection issues but not to worry Phil and all Jyri fans–he’s there!) discuss the following cases with Joost Gerritsen:

  • Case T-354/22: Judgment of the General Court in Bindl v. Institutions, commission (Can an unlawful data transfer to the USA be annulled? Also, 400€ damages for an unlawful transfer of IP Address via Facebook by the EU. A case that highlights the importance of DPF and the difficulties to function if it should fall.)
  • Case C-394/23: Mousse Jan 9 2025 Association Mousse v Commission nationale de l'informatique et des libertés (CNIL) and SNCF Connect. (A data subject was forced to pick a salutation (monsieur/madame) when buying a train ticket because the train company wanted to send marketing, this case made us happy to live in Europe in these st/o+range times.)
  • Case C‑416/23, Österreiche Datenschutzbehörde (Can a Data Protection Authority tell a data subject to stop filing complaints and stick to no more than 2 complaints per month?)
  • We also take a look at what court cases are cooking in the Court of Justice of the European Union and ready for us to enjoy soon!‘

This episode will be a great treat while prepping for the end of the world, so do listen in!

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:

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Links:

Case T-354/22: https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-01/cp250001en.pdf

Case C-394/23: https://eur-lex.europa.eu/legal-content/fi/TXT/?uri=CELEX:62023CJ0394

Case C‑416/23: https://www.euractiv.com/section/tech/news/eu-court-rules-gdpr-complaints-cant-be-rejected-based-on-frequency/

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It’s 2025 and the world is a little crazier… and more orange. So the tea is hot in the global privacy scene indeed, and Jyri and Pilvi are totally here for it. Not to worry, we don’t want to cause extra heartbeats this early in the year by speculating if the DPF will stand through this new orange era of madn…interesting times, but it is absolutely the right time to take a look at China.

We start with discussing the drama regarding TikTok and where we are with that and continue with the news that shook the markets and tech world: DeepSeek. Both cases are closely related to privacy concerns and international politics: what does this all look like from the EU’s perspective? The Italian Data Protection Authority is already on the case DeepSeek: what could possibly be their concerns? And how is NOYB after controllers connected to China?

We also discusst the power struggle between the Irish authority DPC and European Data Protection Board (EDPB) regarding a NOYB case where the EU Court had to intervene, the new EDPB position paper on the crossroads of competition law and privacy as well as the guideline on pseudonymisation. Oh, and we also go through some latest fines from France.

All this and much more from this disturbingly optimistic episode!

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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Today’s episode is perfect for the holiday season - or maybe you don’t want to think about work stuff during holidays? Oh well, you are very welcome to join the ride with Laura and Pilvi when they discuss consent or pay -models with Filip Sedefov.

What is the topic really about? Are we regulating/focusing on the right things? Is personal data a tradable commodity that you can exchange for free services? What has all this to do with the values we wish we had and what we actually live by? Is the pay or consent just about making money while stomping on people’s rights or can it actually be seen as an improvement from the current state of affairs?

Listen in to hear our hosts exploring the arguments while playing all types of devils’ advocates from “people will not be able to make informed decisions” to “this is about safeguarding users’ autonomy” and everything in between.

With this episode we’ll wrap up the year 2024 and wish all our 7 (+ Joost’s wife and dog = 9) listeners happy holidays and a Schrems III-free 2025!

LINKS: https://www.edpb.europa.eu/news/news/2024/edpb-consent-or-pay-models-should-offer-real-choice_en

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Gather around the fire, children, and listen closely: it is time once again to enjoy CJEU case law in the best possible way with Joost’s Case Corner! Yes, Jyri and Pilvi join forces again with the amazing Joost Gerritsen and dive right back into the CJEU Super Friday cases. In this episode, we will cover:

  • Case C-200/23, Agentsia po vpisvaniyata (A Bulgarian case about whether an individual has the right to ask the agency to delete their personal data from the company registry, the scope of legal obligation as a legal basis, whether signatures are personal data, and if the official opinion of the Data Protection Authority can shield a controller from liabilities if the court disagrees with the DPA’s opinion.)
  • Case C-4/23, Mirin (If a first name and sex/gender are changed in one member state, must other member states recognize it as well?)
  • Case C-768/21, Land Hessen (Does the DPA have an obligation to exercise corrective power in all cases of data breaches, particularly to impose a fine, at the demand of the data subject?)

As a bonus, we also cover the following cases:

  • C-169/23, Masdi (A Hungarian case focusing on Article 14(5)(c): does the article exempt controllers from their obligation to inform data subjects when the data processing—obtaining or disclosure—derives from national law?)
  • C-80/23, Ministerstvo na vatreshnite raboti (A Bulgarian case about the Law Enforcement Directive (LED) regarding the concept of “strict necessity” in the context of biometric and genetic data collection for creating police records.)

So lean back, close your eyes, reward yourself for making it to December of this eventful year, and let the velvety voice of Joost carry you to the wonderful wonderland of CJEU Case Law. Darling, we got you.

Did you enjoy our show? Support us by buying us coffee here: https://bmc.link/privacypod4u

We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:

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Links:

Case C-200/23, Agentsia po vpisvaniyata: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62023CN0200

Case C-4/23, Mirin: https://curia.europa.eu/juris/documents.jsf?num=C-4/23

Case C-768/21, Land Hessen: https://curia.europa.eu/juris/liste.jsf?lgrec=fr&td=%3BALL&language=en#=C-768/21&jur=C

C-169/23, Masdi: https://gdprhub.eu/index.php?title=AG_-_C-169/23_-_M%C3%A1sdi

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Tired of keeping up with all the CJEU case law? Want to prepare yourself for all the cool discussions at the IAPP Brussels event? Not to worry! The Joost’s Case Corner covering the CJEU Super Friday cases has landed for you to enjoy. In the first of two of the Super Friday episodes, we will cover:

  • Case C-21/23 Lindenapotheke (What is Art 9 data and what’s not? Can companies rat out each other regarding compliance with the GDPR (and is it smart)?)
  • Case C-621/22 KNLT (Can a commercial interest constitute legitimate interest? We also get a brief history of this case and learn to understand the Dutch DPA a bit better and cover some hot tea on the subject.)
  • Case C-446/21 Schrems v Facebook (Can you process publicly disclosed information on sexual orientation for targeted advertising just because it is public information?)

We also learn about the most awesome Dutch legal term “breaking through the wall” and Olaus Petri (a priest who lived 1493-1552, in Swedish Olof Persson, who is still an important character in Finnish law) while discussing legal theory of EU law.

So take a good breath, let all the stress of November leave your mind, and enjoy the awesome drama that is CJEU case law!

Links:

Case C-21/23 Lindenapotheke

https://curia.europa.eu/juris/documents.jsf?num=C-21/23

Case C-621/22 KNLT https://curia.europa.eu/juris/document/document.jsf?text=&docid=290688&pageIndex=0&doclang=EN&mode=req&dir=&occ=first∂=1&cid=4086618

Case C-446/21 Schrems v Facebook https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62021CJ0446

Did you enjoy our show? Support us by buying us a pumpkin spice latte here: https://bmc.link/privacypod4u

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Are you googling me? Stop googling me, Jyri!

In this episode Jyri, Pilvi, and Milla take a look at the latest interesting privacy news. The repertoire includes discussion on what happens when regulation is 20 years late (=personalized ads and privacy issues) in the form of LinkedIn’s 310 million euro fine and NOYB’s Pinterest complaint.

We also fall in love (and you will too) with Germany’s Traunstein Court and their Schrems II case (transfers to the US), where the court gave out a decision that seems to include some common sense (no joke). Do listen in for some statements that will first make you feel warm and fuzzy, smiling from ear to ear, and then break you in the “Don’t do that, Don’t give me hope.” -meme kind of way. But hey–when was the last time you felt warm and fuzzy about a Schrems II decision? We thought so too. We all need this, we’ve been through a lot.

We also rant about the latest “know your sub-processors to the infinity and beyond” EDPB guideline draft and most importantly, Jyri tells you in detail how you can actually get some suggestions implemented in the public consultation rounds (no joke).

So grab your Halloween-candy-flavored-popcorn and enjoy some privacy goodie-goodie! You deserve it and darling, we got you.

Did you enjoy our show? Support us by buying us a pumpkin spice latte here: https://bmc.link/privacypod4u

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In this episode, amazing hosts Milla Keller and Floora Kukorelli sit down with Jussi Mäkinen to discuss the (bright?) future of EU technology regulation. Jussi Mäkinen leads the EU regulatory team at the Federation of Finnish Technology Industries and has extensive experience in digital regulation, both in drafting policies and advocating for industry interests.

The discussion revolves around the so-called Draghi Report, in which the former European Central Bank President and Prime Minister of Italy Mario Draghi warns that the EU is falling behind the US and China in the use of data and digital services. The report suggests that Europe’s declining competitiveness is partly due to its stringent data (protection) regulations. The conversation explores whether the Draghi Report marks a turning point in EU data protection policies and what it might mean for the future.

The episode also looks at the role of the incoming European Commission in shaping future technology regulations, with special attention to Commissioner Henna Virkkunen from Finland, who oversees areas like technology and competitiveness. The discussion examines her approach and the potential impact it could have on EU tech regulation.

Additionally, the episode delves into the future of the EU’s General Data Protection Regulation (GDPR) and the fate of the ePrivacy Regulation. Our guest believes that a more practical approach to privacy is needed moving forward, with the EU striking a better balance between protecting privacy and fostering innovation - the million dollar question is, where this balance lies.

This episode provides an engaging and timely look at the current state and future prospects of EU technology regulation for anyone interested in the digital economy and EU policymaking.

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Get ready for a super META conversation—no, not about social media, but about who we are and what we really do. Milla and Laura are joined by the privacy guru herself, Natalija Bitiukova (Head of Privacy at Carlsberg). They almost spent the entire episode talking about beer, but once they tapped into Natalija’s epic level of privacy geekdom, the focus shifted back to our roles in the privacy world.

Stick around until the end, and you’ll be treated to the story of the most romantic gift in the universe (hint: “the world” just doesn’t cut it).

There’s a lot to unpack in today’s chat, so take notes—what you agree with, disagree with, or just find hilariously nerdy—and we’ll do a future episode where we read your comments and dive deeper. Grab your earbuds and let’s get META!

LINKS:

Natalija’s hobby: https://streamlex.eu/

EDPB survey on DPO: https://www.edpb.europa.eu/news/news/2024/edpb-identifies-areas-improvement-promote-role-and-recognition-dpos_en

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The world of privacy and AI shook and trembled when Hamburg's Data Protection Authority published its edgy discussion paper on Large Language Models (LLM). In a nutshell, they stated that LLMs do not store personal data and that this is in line with the CJEU’s views. Milla and Pilvi were honored and humbled (=overly excited with fangirl-hats on) to have Dr. Markus Wünschelbaum, Policy and Data Strategy Advisor at the Hamburg Data Protection Authority, to discuss what’s this all about. And what a discussion this ended up being!

Markus takes our (and your) hands and walks us all through the discussion paper’s key points and how the DPA ended up with this view: From the technical key points (it’s all about probabilities) all the way to the legal gymnastics and philosophy. On the other hand we also discuss what the result and impact would be if we would take the stance that LLMs do in fact store personal data and if that would actually make any sense. And what about NOYB’s complaint on OpenAI?

All this and much, much more awaits all our 6 listeners in this episode that you should not miss. After the recording our hosts needed a moment to gather themselves from all the excitement. We tried to be tough journalists but how can you not get excited about all this. We love DPAs with edgy action and hot tea to serve. Sorry about that. BUT IT WAS TOO FUN!

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Links:

In German:

https://datenschutz-hamburg.de/news/hamburger-thesen-zum-personenbezug-in-large-language-models

In English:

https://datenschutz-hamburg.de/fileadmin/user_upload/HmbBfDI/Datenschutz/Informationen/240715_Discussion_Paper_Hamburg_DPA_KI_Models.pdf

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In this episode, Jyri, Milla, and Pilvi walk you through the latest hottest tea in privacy and data protection. First, we turn our attention to the herald of doom itself: Clearview and the actions taken by the Dutch Data Protection Authority (fine of 30,5 million euros and then some). Will the Dutch DPA follow through with going after the management and inflict personal liability the managers or directors of Cleaview?

We also explore whether such a grim herald can have any positive aspects. The Dutch DPA suggests that the government could create its own version of Clearview, raising an important question. Should we, as a human society, pursue every technological capability simply because we can?

Next, we visit the herald of digital future and all things beautiful, that is of course Sweden. The Swedish data protection authority, IMY, has given out two fines for unfortunate use of Meta pixels by a pharmacy and a bank that led to leaking sensitive personal data to Meta. The cases have some meme aspects (legal said no) but also raise up important questions: what is the root cause? Could Meta’s way of enrolling in updates be the one to blame? What steps to take to ensure your organization’s compliance?

Then, we take a look at the latest blog by Anu Talus, the Finnish Data Protection Ombudsman and the the Chair of the European Data Protection Board. She admires Sweden (don’t we all?), who seems to thrive under the GDPR rules whereas Finland’s Data Protection Authority remains under-resourced, raising concerns about its ability to support future demands. She distinctly calls out for the ability to fine the public sector also in Finland (one of the few countries where this isnt possible), and discusses the AI Act.

Lastly, we dive into a fast-paced Lightning Round™ of key data protection developments. From the Belgian DPA’s crackdown on dark patterns in cookie consent to fines against Uniqlo by the Spanish DPA (AEPD), and a penalty for Vejen Municipality in Denmark over stolen school laptops, important actions are shaping the landscape. We also explore Liechtenstein’s insights on remote work and

This and much more (such as some tips on who to follow on LinkedIn) awaits behind the play-button!

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Links:

Clearview fine: https://www.autoriteitpersoonsgegevens.nl/en/current/dutch-dpa-imposes-a-fine-on-clearview-because-of-illegal-data-collection-for-facial-recognition

Swedish Meta Pixel cases: https://www.imy.se/nyheter/sanktionsavgift-mot-avanza-for-overforing-av-personuppgifter-till-meta/

https://www.imy.se/nyheter/sanktionsavgifter-mot-apoteket-och-apohem-for-overforing-av-personuppgifter-till-meta/

Anu Talus’ blog: https://tietosuoja.fi/-/tekoaly-hoi-missa-suomen-digistrategia-

Belgian DPA’s cookie case: https://www.gegevensbeschermingsautoriteit.be/publications/beslissing-ten-gronde-nr.-113-2024-van-6-september-2024.pdf

Uniqlo fine: https://www.edpb.europa.eu/news/national-news/2024/spanish-supervisory-authority-fined-uniqlo-europe-ltd-violations-article_en

Vejen Municipality fine: https://www.datatilsynet.dk/afgoerelser/afgoerelser/2024/aug/endnu-en-kommune-indstillet-til-boede-for-manglende-kryptering

The DPA of Lichtenstein’s activity report for 2023: https://www.datenschutzstelle.li/application/files/3417/2526/0394/WEB_Datenschutzstelle_Taetigkeitsbericht_2023.pdf

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See how we get back to podcasting after the brat summer? Very demure, very mindful. We are not like these other podcasts, we don’t come back for the new season with a half-planned episode, we don’t use chatGPT to make notes, we don’t record too long episodes where half of it is just giggling–we’re very mindful, very considerate, very cutesy.

In today’s very considerate episode Jyri, Milla, and Pilvi walk you through the most interesting news from the summer, such as the mega fine of €13,9 million given by the the Czech Supervisory Authority to a cyber security company that shared data of 100 million data subjects to its subsidiaries in a not very mindful way. We also discuss the latest drama on the EU Commission’s Preliminary DMA Findings on Pay or Consent as well as Meta suing the EDPB that is very interesting, very cutesy.

We also take a look at the secret collaboration between Meta and Google to target ads at 13–17-year-olds and have a discussion on what’s the harm in this? Is it really a problem or are we just trying to hold on to a world that is not realistic? We are not like these other privacy people–we don’t just gush about this–we explore different perspectives and play devil’s advocate. Very mindful, very considerate, very demure.

These and much more in this episode where we do not try to play too much slightly off pitch on the hottest meme by the amazing @joolieannie , we’re very considerate, very funny, very cutesy, very mindful, and most certainly very demure.

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Links:

Big fine in Czech:

https://www.edpb.europa.eu/news/news/2024/czech-sa-imposed-fine-139-million-eur-infringement-art-6-and-art-13-gdpr_en

EU Commission and Pay or Consent:

Commission sends preliminary findings to Meta over its “Pay or Consent” model for breach of the Digital Markets Act - European Commission (europa.eu)

Meta and Google not very demure collaboration:

https://www.ft.com/content/b3bb80f4-4e01-4ce6-8358-f4f8638790f8

NOYB annual report

Annual_Report_2023_EN.pdf (noyb.eu)

Scraping and OpenAI:

Microsoft Word - 2024.08.02 FINAL OpenAI Complaint (2) (courtlistener.com)

https://www.legaldive.com/news/nvidia-open-ai-face-youtube-creator-lawsuits-for-using-online-videos/724498/

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Prepare to get your mind blown (and not necessarily in a good way) - in this episode Laura, Floora, Pilvi, Milla and Hannes (what a full house!) discuss the theory and practice behind data processing roles.

What is the background of the roles, what is working and not working - why does CJEU want everyone to be joint controllers, what about the AI Act and much more.

If you bear with us to the very end we even throw in some suggestions on how to develop a less complex life for the many privacy professionals.

linkit:

EDPB guideline on controller and processor:

https://www.edpb.europa.eu/our-work-tools/our-documents/guidelines/guidelines-072020-concepts-controller-and-processor-gdpr_en

CJEU, judgment of July 10, 2018, Jehovan todistajat, C‑25/17, EU:C:2018:55 https://curia.europa.eu/juris/document/document.jsf?text=&docid=203822&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=1305431

CJEU; judgment of June 5, 2018, Wirtschaftsakademie Schleswig-Holstein, C‑210/16, EU:C:2018:388 https://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=1305548

CJEU, judgment of July 29, 2019, Fashion ID, C‑40/17, EU:C:2019:629 https://curia.europa.eu/juris/document/document.jsf?text=&docid=216555&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=1305826

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Cambridge Analytica, Brexit, Trump, Russian Trolls. Political microtargeting has shaped the world and our society more and longer than we would like to admit. The European Union decided to fight back on it with Regulation on the transparency and targeting of political advertising, yet the road to the regulation was everything but smooth. Time will tell how or if the regulation will be able to actually make a difference.

On this episode, Milla and Pilvi are going back to this important subject with our very special guest, privacy influencer and an Estonian lawyer Norman Aasma, who wrote his master thesis on the subject. Together we will discuss the road to the regulation, what was the issue with banning the use of sensitive personal data, what does the regulation actually regulate, and what change we can expect it to make.

The episode was recorded on the 27th of May 2024, just before the EU Elections, and thus, we also discuss the current EU Elections and take a brief look at the political advertising taking place (or the lack of it…). We compare it to the research data and results that we have gained from conducting research on the Finnish elections (see our Finnish podcast TietosuojaPod episodes #66 and #52).

So hit play and join us to enjoy a moment in privacy!

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“Welcome! Welcome! Welcome! To PrivacyPod Joost’s Case Corner Episode, we are your hosts Milla and Pilvi with Joost Kle… Gerritsen. Thank you so much for joining us and let us begin with our first and most important story, the events of last week’s Eurovision and the big denim egg that made it all the way to “Last Week Tonight” with John Oliver (Go Finland!).”

After we have gathered ourselves from the too short (Panu’s comment which has been noted) section on Eurovision, we move head first to the most interesting recent CJEU cases! And what is on the chopping block today?

  • CJEU NADA and Others [C-115/22], where doping results were published online.
  • CJEU Juris [C-741/21], where a lawyer wanted to be compensated on receiving direct marketing which for some reason made some of our hosts just lose it (sorry).
  • CJEU IAB Europe [C-604/22], where our focus is on the joint controllership aspect of the case.

Thank you so much for listening and good night!

Links:

Belgian DPA’s Decision on IAB Europe:

decision-quant-au-fond-n-21-2022-en.pdf (autoriteprotectiondonnees.be)

CJEU NADA and Others [C-115/22]:

https://curia.europa.eu/juris/document/document.jsf?text=&docid=285723&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=2737812

CJEU Juris [C-741/21]:

https://curia.europa.eu/juris/document/document.jsf?text=&docid=284641&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=2738131

CJEU IAB Europe [C-604/22]:

https://curia.europa.eu/juris/document/document.jsf?text=&docid=283529&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first∂=1&cid=2738315

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We’re so glad to geek out on something a bit different this week, as we welcome Natallia Karniyevich to discuss all things cyber with our hosts Hannes Saarinen and Milla Keller. Natallia is a senior associate at Bird & Bird, where she also co-chairs Bird & Bird’s international cybersecurity steering group.

Natallia guides us through what has been a flood of new, stricter cybersecurity legislation. We discuss the background and need behind the new laws. We look a bit closer specifically at the NIS2 Directive, which brings tighter requirements to many different kinds of organizations. And ofcourse, we discuss what do these new laws mean for privacy professionals: how does cyber intersect with the GDPR?

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We have good news and bad news. Good news are, we are returning with Joost’s Case Corner, so expect lots of CJEU goodness from this episode. Bad news are, we get pretty distracted by other (equally important) topics before actually getting to the CJEU privacy cases… But don’t worry, whatever recent case law we didn’t cover in this episode, we’ll come back to in another episode in a few weeks!

Ok, so what do we discuss in this episode? We had to start with EDPB’s Pay or Consent Opinion, as that is the most exciting piece of news from last week. Related to that, we also dare to talk about the Advocate General’s Opinion in the C-446/21 Schrems v Facebook case - even though the AG Opinion was only published after we recorded the episode.

The CJEU cases we cover in this episode are:

  • CJEU Belgian State – Data processed by an official journal [C-231/22]
  • CJEU Gesamtverband Autoteile-Handel [C-319/22]
  • CJEU FT – Copies of medical records [C-307/22]
  • CJEU Ministerstvo zdravotnictví – COVID-19 mobile application [C-659/22]

  • (Upcoming on 7 May 2024) - CJEU NADA and Others [C-115/22]

Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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Laura and Panu are joined by Otto Lindholm to discuss recent CJEU case related to Finnish transparency laws and disclosing criminal conviction data via telephone. What is the Finnish tradition of transparency of official documents really about, are we now losing it and what’s going to happen?

If you ask Panu, doomsday is upon us. Transparency is dead and criminals, politicians and reality tv contestants will run amok with no accountability. Or then its just a storm in a tea cup. Panu does make a lot of mistakes, such as reads the European Charter of Fundamental Rights wrongly.

In other news, but no less important, the Court actually states that oral transfer of data from a filing system is processing of personal data. Did you see that one coming? The cool privacy kids did, Panu did not. The discussion twists and turns and reaches some kafkaesque levels but who cares - privacy theory is fun.

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It’s been a heavy spring. So many new things are coming to privacy folk’s way, the world is (literally) shaking, we are killing our one planet, old men are driving the world to turmoil and horror. The world is getting darker.

Therefore, without forgetting the importance of discussing all the difficult things, we decided to treat you with an invitation to Milla’s happy place: to discuss something that is full of bright colors and makes everyone focus, just for a brief moment, on the importance of coming together and enjoying the beautiful wonders that people do. We are of course talking about the Eurovision!

Will ABBA serve a beautiful Swedish Suprise in May in Malmö? Which year did TIX compete for Norway (Milla gets this wrong)? What country did Flo Rida compete for? And whats the most efficient way to collect consent? One of these questions is not answered in this episode.

Even though the task was to talk a little bit about Eurovision and a lot about privacy, Pilvi kinda ends up interviewing Milla about her love for the Eurovision and all the wonderful twists and turns this performance art competition includes. We also asked the presenters to take few breaks for editing purposes, but guess that was too much to ask. And anyway we maybe did or didn’t have time to cover privacy-related news - one has to prioritize.

So put on your headphones, grab a glass of your favorite beverage, and slide into the bliss of Eurovision for a moment – it’s on us!

And Herkko, you can skip this episode!

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Friends, Romans, countrymen, lend us your ears!

We’ve come to discuss if transparency matters, not to bury it.

The insufficient privacy decisions that men do lives after them;

The efforts for better privacy is oft interred with their business minded decisions;

So let it be with transparency. The noble controllers

hath told you GDPR is impossibly ambitious:

if it were so, it was a grievous fault,

And grievously hath DPAs enforced it.

Here, under leave of our Executive Producer and the rest-

For he is an honorable man;

so are we all, all honorable people–

come we to battle this out for once and for all.

And battle we shall. It is no secret that the PrivacyPod back-chat is often turned into a gladiator arena where we battle our views to the very end. One of the most discussed subject is if transparency even matters and what is the point of it. This time, Floora has set up the challenge and armed our gladiators Milla and Pilvi with gladius swords and retes nets, and lets them lose on the arena.

Who barricades themselves on a hill of business minded decisions? Does better transparency create more risks or will it reduce risks? Is transparency a zero-sum game? Who tries to take a victory lap on a high horse only to be knocked down? Who has the high ground? Who tries to win all Partners to their side with icky frases? Will our friendship survive this or will this be the end of PrivacyPod?

So grab some popcorn and join in for a Shakespeare level drama!

Links:

Klarna case: https://www.edpb.europa.eu/news/national-news/2022/swedish-authority-privacy-protection-imy-issues-administrative-fine-against_en

https://www.imy.se/en/news/administrative-fine-against-klarna-after-investigation/

Whatsapp case:

https://www.dataprotection.ie/en/news-media/press-releases/data-protection-commission-announces-decision-whatsapp-inquiry

Shakespeare: Julius Caesar, Act III, scene II:

https://www.poetryfoundation.org/poems/56968/speech-friends-romans-countrymen-lend-me-your-ears

https://www.youtube.com/watch?v=q89MLuLSJgk

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It’s about time you fell in love with something that will love you back, and that, our friends, is the crossroad of privacy, government openness, and freedom of speech. It doesn’t judge you, and we won’t either.

The European Court of Justice, however, will totally judge you, even if it goes against deep roots or local law in your country. In this episode, Pilvi and Jyri will discuss the new (Finnish!) European Court of Justice case “Endemol Shine”. Here a Finnish district court had denied the release of court documents due to GDPR to a producer conducting background checks for reality TV, despite local statutes on openness of court documents. We continue on the same path with discussing NOYB filing a complaint on MrKoll in Sweden, which touches upon the Nordic unwillingness to judge and define what journalism and media is. We end up wondering if GDPR is obliterating Nordic cultures and what consequences this may have.

On other news, the USA will totally judge you as well if you are TikTok or happen to be from Singapore. We discuss the “The US TikTok Ban” as an interesting reaction to possible cross-border data transfers to a country that might use that personal data for intelligence activities… sounds vaguely familiar.

We also discuss the Verkkokauppa.com case where the Finnish DPA decided on a record fine of 856 000 euros for not having defined retention times for online customers’ customer account data as well as forcing all online customers to create an account.

This episode will also include the first ever musical number of PrivacyPod.

So push play, hop on to this love boat, and we´ll take good care of you.

(Ps. If you missed it, the EU Parliament accepted the AI Act.)

Links:

Endemol Shine https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CN0740

NOYB and MrKoll: https://noyb.eu/en/swedish-data-brokers-claim-journalists-legal-protection-evade-eu-law

How to get a media license in Sweden: https://mediemyndigheten.se/ansokan-och-registrering/medier-pa-natet/

H.R.7521 - Protecting Americans from Foreign Adversary Controlled Applications Act: https://www.congress.gov/bill/118th-congress/house-bill/7521?q=%7B%22search%22%3A%22TikTok%22%7D&s=1&r=5

Case Verkkokauppa.com (In Finnish, translatable): https://tietosuoja.fi/-/verkkokauppa.comille-seuraamusmaksu-asiakastietojen-sailytysajan-maarittelematta-jattamisesta-myos-vaatimus-asiakkaan-rekisteroitymisesta-oli-lainvastainen

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In this episode Milla, Pilvi, and Jyri try to save their faces after the Episode #51 meltdown only to discover that they are forever changed by that experience. Just when we brace ourselves to move forward like “a granny in a bog” as the Finns say, we hear a suspicious announcement: “Please remain calm, the end of the pre-DMA era has arrived, we cannot save you, enjoy the ride” that pushes us into observing the first signs of the DMA doomsday and ask: what is the point of all the new consents rolling onto our screens? Will it be an effective way to control the digital markets?

Furthermore, we peek to the other side of the pond and see how the new executive order that the frisky American president has issued will change the US privacy forever… or is it just a big whoop about nothing? We also take a look at the EDPB’s opinion on the main establishment that seems like a promising idea but in reality, we arrive again to the question if it is—you guessed it–a big whoop about nothing?

So turn up the volume and hold on to your doomsday hat, because this and much more awaits you and our other 5 listeners in this episode.

LINKS:

About DMA https://digital-markets-act.ec.europa.eu/about-dma_en

The US Executive Order: https://www.whitehouse.gov/briefing-room/statements-releases/2024/02/28/fact-sheet-president-biden-issues-sweeping-executive-order-to-protect-americans-sensitive-personal-data/

EDPB on main establishments: https://edpb.europa.eu/system/files/2024-02/edpb_opinion_202404_mainestablishment_en.pdf

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We started this episode with so much enthusiasm, positivity, and excitement but we ended up thinking that this is the episode we wish to exercise our right to be forgotten on. We start with the Google case on, you guessed it, right to be forgotten, where the Swedish court ordered Google to pay SEK 50 million in fines and declared that Google cannot provide publishers a list of de-listed websites to the webmasters thus confirming the EDPB’s (and WP29’s) guidance on the matter.

We question the EDPB guideline and the Court’s ruling and somehow we end up in a very confusing situation where Pilvi rambles on, Jyri refuses to understand, and Milla is desperately looking for an exi(s)t sign. We caution you to listen at your own risk.

We also cover the latest DMA drama regarding Apple app store including Spotify’s hot take on it. Furthermore, we return to Google and wonder how the consent mode v2 can be legal?

Join in for the episode and please have mercy on us.

LINKS:

The Irish Independent article:

https://m.independent.ie/irish-news/courts/google-forced-to-stop-telling-publishers-about-right-to-be-forgotten-decisions-after-court-ruling/a596519256.html Sweden’s Aftonbladet article: https://www.dagensmedia.se/medier/digitalt/dom-mot-google-vinner-laga-kraft/

On Google’s consent mode v2:

https://www.cookiebot.com/en/googles-consent-mode-deadline-ads-privacy-compliance/

Spotify’s take on Apple store changes and the issues with the DMA:

https://newsroom.spotify.com/2024-01-26/apples-proposed-changes-reject-the-goals-of-the-dma/

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Take a tight grip on your cups listeners, because today we are spilling the hottest tea of the legal world, a behind the scenes story of the AI Act. We delve into this with a person who had the front seat at the closed-door tea party: Dan Nechita, the Head of Cabinet to Romanian MEP Dragos Tudorache (Renew Europe) at the European Parliament. Dragos Tudorache has served as a rapporteur on the file.

Renew Europe is liberal, pro-European political group of the European Parliament founded for the ninth European Parliament term. The group is the successor to the Alliance of Liberals and Democrats for Europe (ALDE) group which existed during the sixth, seventh and eighth terms from 2004 to 2019. Renew Europe has been pushing for AI systems that respect fundamental rights and the EU's democratic values, provide legal certainty concerning innovation and investment, and facilitate the development of a single market for lawful and safe AI.

Dan takes us to the room where it all happened and talks about what transpired during the all-nighter negotiations in December. He also sheds light on the background of the AI Act and whether or not we can breath already or will there be more changes. We try to guess why did the AI Act leak as well as what happened to the General Purpose AI, and if the Fundamental Rights Risk Assessments is just a DPIA that slays.

We also discuss whether the legislators understand how expensive this will be for the organizations: is it a case of because you’re worth it…or because they can afford it?

...And Milla and Pilvi totally forgot that this was our 50. podcast. Oh well, we will celebrate at 100 then.

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A new year of PrivacyPod is kicked off with an episode covering the hottest topics and most intriguing privacy news so far!

Hosted by Milla and Laura, in this show our privacy DSARs speculate what the actual is up with Meta’s consent or subscribe. And it would not be a 2024 privacy show if we would not dip in to what to expect in 2024 regarding recently leaked the EU AI Act.

We discuss a German case where the local court raised the bar high for answering data subject access requests (commonly known as DSARs) on time. Somewhat unexpectedly we find ourselves defending data brokers and cursing the difficulty of meeting those tough transparency requirements.

Links Meta decision coming: https://politico-tech.simplecast.com/episodes/an-exit-interview-with-europes-most-powerful-privacy-regulator

Leaked AI act:

https://iapp.org/news/a/eu-ai-act-draft-consolidated-text-leaked-online/

German case https://www.arbeitsrechtsiegen.de/artikel/bewerberanspruch-auf-auskunft-nach-art-15-dsgvo-und-schadensersatz-aus-art-82-dsgvo/

Black tiger case https://www.gegevensbeschermingsautoriteit.be/burger/gba-sanctioneert-gegevensbeheerder-black-tiger-belgium-wegens-gebrek-aan-transparantie

https://www.autoriteprotectiondonnees.be/citoyen/lapd-sanctionne-lentreprise-de-gestion-de-donnees-black-tiger-belgium-pour-manque-de-transparence

https://www.dataguidance.com/news/belgium-dpa-issues-174640-fine-black-tiger-unlawful

Poland Bisnode 2019:

https://iapp.org/news/a/polands-dpa-issues-first-gdpr-fine/

https://uodo.gov.pl/en/553/1572 (The Supreme Administrative Court upheld the decision of

the Personal Data Protection Office (UODO)

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In this week’s episode Milla discusses with Gabriel Silva from TravelPerk the best practices for using AI to enhance your work as a privacy professional. TravelPerk has recently started using a custom-built Legal Bot, which crunches through hundreds of privacy and other legal questions. What do you need to consider when you outsource legal work to a bot?

How do you finetune the model to make sure that the answers are relevant? Gabriel shares his practical experience on all of this. We also discuss other AI tools that are available for anyone. What kind of work tasks is AI good for? How to get started with prompting - and how to get better at it?

Gabriel is based in Barcelona and works as Legal Manager for privacy at Travel Perk which is a platform for business travel bookings. Gabriel has previously worked at Google at Google’s legal operations.

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This week on PrivacyPod: EDPB’s guidelines on the infamous cookie article! EDPB published a couple of weeks back guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (also known as the golden rule… no, sorry, the cookie rule).

Hannes (!), Heikki (!!), Laura (!!!!) and Milla (????) go through the guidelines, speculating why do we get guidelines on this topic right now, considering that the legislation is not exactly fresh out of the oven. What exactly is then the technical scope of the cookie article? And how will organizations go about implementing the new guidelines, once they have been adopted after the consultation period?

Also in this episode: Hannes, Heikki and Milla share reflections on the recent IAPP Brussels conference. Don’t worry though privacy folks, we only discuss the official program - what happens in Brussels, stays in Brussels.

Links:

edpb_guidelines_202302_technical_scope_art_53_eprivacydirective_en.pdf (europa.eu)

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In this awaited and exciting episode Milla and Pilvi are experiencing a true fangirl moment as they welcome Tobias Judin, the Head of International Department at the Norwegian Data Protection Authority, Datatilsynet.

Accompanied by our new co-host Jyri they will dive into to discuss the Meta case on its rocky road with its legal basis for behavior based advertising. Norwegian DPA has not only talked the talk but it has also walked the walk: as Tobias states, they see that the GDPR has to be enforced now and that the GDPR does have tools to do that.

We discuss, among other things, how has the Norwegian DPA become the renegade DPA that takes such firm action? What has the road been like from 2018 to the EAA wide ban? What does Tobias think about the newest Meta solution: consent or pay? We also touch upon subjects such as does transparency matter at all? How do you measure it? What about the IAB case and advertising funding journalism? Is the new “consent or pay” just Meta buying time and gaslighting?

We also have a big scoop in the episode, which we recognize with “cool cool”. This and much more awaits you.

Links: Datatilsynet 17.7.2023: “Midlertidig forbud mot adferdsbasert markedsføring på Facebook og Instagram” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/midlertidig-forbud-mot-adferds basert-markedsforing-pa-facebook-og-instagram/

Datatilsynet 8.8.2023: “Meta-saken opp i Oslo tingrett” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/tvangsmulkt-til-meta-hvis-forbu d-ikke-folges/

Datatilsynet 6.9.2023: “Datatilsynet vant mot Meta i Oslo tingrett” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/datatilsynet-vant-i-oslo-tingrett/

Datatilsynet 25.10.2023: “Meta går til ny sak mot Datatilsynet” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/meta-gar-til-ny-sak-mot-datatils ynet/

Datatilsynet 28.9.2023: “Meta-saken løftes til europeisk nivå” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/meta-saken-loftes-til-europeisk- niva/

Datatilsynet 31.10.2023: “Datatilsynets vedtak mot Meta utvides til EU/EØS og gjøres permanent” https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/datatilsynets-vedtak-mot-meta- utvides-til-eueos-og-gjores-permanent/

EDPB 1.11.2023: “EDPB Urgent Binding Decision on processing of personal data for behavioural advertising by Meta” https://edpb.europa.eu/news/news/2023/edpb-urgent-binding-decision-processing-persona l-data-behavioural-advertising-meta_en

Meta: “How Meta Uses Legal Bases for Processing Ads in the EU” https://about.fb.com/news/2023/01/how-meta-uses-legal-bases-for-processing-ads-in-the-eu/

TechCrunch 1.8.2023: “Meta says it will offer Europeans a free choice to deny tracking” https://techcrunch.com/2023/08/01/meta-says-yes-to-consent/

TechCrunch 3.10.2023: “Meta planning ad-free subscription or tracking ads ‘choice’ in EU, per WSJ — in latest bid to keep snooping” https://techcrunch.com/2023/10/03/meta-subscription-vs-consent/

Meta: “Facebook and Instagram to Offer Subscription for No Ads in Europe” https://about.fb.com/news/2023/10/facebook-and-instagram-to-offer-subscription-for-no-a ds-in-europe/

Case C‐252/21 Judgment: https://curia.europa.eu/juris/document/document.jsf?text=&docid=275125&pageIndex=0& doclang=EN&mode=req&dir=&occ=first∂=1

Case C‐252/21Press release: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-07/cp230113en.pdf DPC Meta decisions January 2023: https://www.dataprotection.ie/en/news-media/data-protection-commission-announces-con clusion-two-inquiries-meta-ireland

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In this news episode, Milla and Pilvi jump into the most interesting news (in their opinion at least) of the recent weeks and that takes us to a journey that will include Googling, Star Wars, elderly millennials trying to exists in the world they don’t understand, and Jean-Jacques Rousseau’s book Émile ou De l'éducation from 1762.

But we also actually go through the recent privacy news, including the recent CANAL+ case from France, EDPB’s coordinated action -action, an interesting case on legal bases legal obligation and public interest from Sweden that also include somewhat puzzling takes on CCTV and article 13..or 14 (there’s the question!)? We also discuss Meta being sued by 41 states in the US, EU Commission’s next DSA actions towards social media giants and the latest from the mysterious world of AI.

"So it seems like this internet thing is here to stay, huh?"

Chandler Bing

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In this episode, Hannes and Milla welcome Jussi Leppälä, the of Valmet (a leading global developer and supplier of technologies, automation and services for the pulp, paper and energy industries) to delve into the interesting world of IoT -based data sharing of the future.

What is the underlying intent of the Data Act? How does it interact with other data laws? How will it be enforced?

Delving deeper into the Data Act, we look at the actual scope of data sharing obligations, how they would work in practice and alongside the GDPR’s data subject or towards third parties.

Join us to get insights on whether Data Act will be effective in fostering European small and medium sized companies … or enterprises outside of the EU. Are your data related trade secrets also protected tomorrow? And much, much more!

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on harmonised rules on fair access to and use of data (Data Act)

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2022%3A68%3AFIN

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Meta is considering a move to cookie-paywall some listeners may know (and already hate) from German newspaper websites. As the legal basis for Meta’s personalised ads (the company’s main money-maker) is being pushed towards consent from all fronts, Meta is considering desperate means. But is it all just a ruse, as convincing as Meta’s earlier threats about leaving the EU because of data transfer issues?

In other news, Pilvi and Milla discuss Irish Data Protection Commission’s 345 MEUR fine to TikTok. We also discuss once more the Grindr case from Norway, where the appeals board upheld the earlier fine. We also cover UK Information Commissioner’s preliminary enforcement notice against Snap, BBC blocking ChatGPT from using its content and lots more.

Links:

Meta (Facebook / Instagram) to move to a "Pay for your Rights" approach (noyb.eu)

Meta Plans to Charge $14 a Month for Ad-Free Instagram or Facebook - WSJ

UK Information Commissioner issues preliminary enforcement notice against Snap | ICO

Record fine in the Grindr case confirmed | Datatilsynet

BBC blocks ChatGPT from using its content (thetimes.co.uk)

Google adds a switch for publishers to opt out of becoming AI training data - The Verge

Irish Data Protection Commission announces €345 million fine of TikTok | 15/09/2023 | Data Protection Commission

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In this episode, join Pilvi, Hannes, and Floora as they take a deep dive into the world of Mergers and Acquisitions (commonly known as M&A) from a privacy perspective. They'll explore the intriguing question of whether the M&A process differs in the realm of privacy compared to other areas of law. If so, what sets it apart, and does it make sense to approach privacy M&A in the traditional manner?

Listeners can expect a lively and informative discussion on the intricacies of privacy M&A. Our hosts will shed light on the varying perspectives of in-house counsel, external advisors, and walk you through the general M&A process, step by step. Additionally, they'll engage in a thoughtful conversation about proposals aimed at advancing the field of privacy M&A.

Tune in for an insightful and educational journey through the legal landscape of privacy M&A, where we explore the unique challenges and opportunities that arise in this ever-evolving field. Furthermore, tune your ears to the finest, because eagle ear listeners can hear our ultracute privacy poodle Hubert weigh in on M&A as well!

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Joost Case Corner (JCC) is back! As per usual, there’s no way we will cover all of the Court of Justice of the European Union (CJEU) goodness in under one hour, so buckle up for an extra-long special episode.

Its a perfect catch up with the lates court action and since its been a while, we can hear our presenters (Milla mainly) trip over some pretty basic EU abbreviations. So all you EU nerds there, prepare to scream really hard to your earphones what TFEU stands for.

We discuss three cases with final judgments already out there: Meta v Bundeskartellamt (C-252/21), Pankki S (C-579/21) and Lietuvos Respublikos (C-162/22).

Under our section on ongoing cases we go through five cases that will likely shake the privacy world once decided: ILVA (C-383/23), Mousse (C-394/23), Österreichische Datenschutzbehörde (C-416/23, which Milla can pronounce perfectly, just wait for it), IAB Europe (C-604/22, sad that Heikki isnt here to rant) EDPS v SRB (C-413/23 P, yes, that annoying pseudonyisation case where normies claim that GDPR doesnt apply). The cases cover definition of personal data, pseudonymization and anonymization, calculation of fines and much more.

We know, you might be a bit lagging behind on the case law, so no worries! This is your cue to press play and dig through the intricacies of data protection case law with Joost, Milla and Pilvi.

Cases covered in the episode:

Cases with final judgments:

Meta v Bundeskartellamt (C-252/21)

Pankki S (C-579/21)

Lietuvos Respublikos (C-162/22)

Ongoing cases:

ILVA (C-383/23)

Mousse (C-394/23)

Österreichische Datenschutzbehörde (C-416/23)

IAB Europe (C-604/22)

EDPS v SRB (C-413/23 P)

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This week Pilvi and Milla do a deep dive into two recent cookie related rulings from Nordic data protection authorities. First we discuss the Bonnier case from IMY, the Swedish data protection authority. Whilst not strictly only about cookies, this case discusses the further processing of data collected with cookies - and more specifically, whether this processing can be based on legitimate interest (IMY says no).

The second half of the show we discuss Traficom’s ruling on the Nordic media company Sanoma’s cookie practices. Lots to unpack there: necessity of certain analytics cookies, retention times, representation of legitimate interest in cookie banners and much more. Both of the cases have been appealed.

Links:

Sanoma Media Finland Oy.pdf (kyberturvallisuuskeskus.fi)

Tillsyn: Bonnier News AB | IMY

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This week we are fangirling over Wolt’s approach to algorithmic transparency. We have Wolt’s public policy manager Ylwa Rein join us for this episode, where we walk through the process of creating an algorithmic transparency report: what’s the legal background and requirements, who to involve in the project, how to get management buy-in and much more.

We also chat with Ylwa about finding a job where you can make an impact, and how algorithmic transparency contributes to a more fair digital society.

Links:

Transparency at Wolt - Wolt (Finland)

Unveiling the second edition of the Wolt Algorithmic Transparency Report

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In this episode, Milla and Pilvi take a look at the brand new Data Privacy Framework. The discussions include but you bet are not limited to topics such as the sadly-not-so-funky-name of the framework (why not Privacy Trampoline?) and the identity crisis that surely all privacy professionals shall now have to face: who are we without the discussions and work on US transfers? What should one do with all the time saved? How long will this last and should we already start buying toilet paper and canned food and prepare for the downfall of the worl…DPF?

We also take a look at the recent Google Analytics cases, discuss if all the issues with Google Analytics disappeared with the DPF and we also sniff the hot and humid air of Doha not forgetting the legendary summer sheepe of Milla.

Links:

Adequacy decision:

https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en

Press release:

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3721

Data Privacy Framework (DPF) website (check out e.g. faq section Frequently Asked Questions):

https://www.dataprivacyframework.gov/s/

EDPB Information note on EU-US data transfers:

https://edpb.europa.eu/our-work-tools/our-documents/other/information-note-data-transfers-under-gdpr-united-states-after_en

NOYB Press Release July 10:

https://noyb.eu/en/european-commission-gives-eu-us-data-transfers-third-round-cjeu

IMY (Swedish DPA) press release on the 4 Google Analytics cases:

https://www.imy.se/en/news/four-companies-must-stop-using-google-analytics/

Norwegian DPA on Google Analytics:

https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/vedtak-i-google-analytics-saken/

https://www.datatilsynet.no/personvern-pa-ulike-omrader/internett-og-apper/rad-for-analyse-og-sporing-pa-nettsted/

Danish DPA on Google Analytics:

https://www.datatilsynet.dk/presse-og-nyheder/nyhedsarkiv/2023/jul/brug-af-google-analytics-kraever-ikke-kun-lovlige-overfoersler-til-usa

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In this episode of PrivacyPod, Joost and Panu talk to professor Herke Kranenborg who holds a chair in European Data Protection and Privacy Law at Maastricht University. In addition, professor Kranenborg is a member of the European Commission's Legal Service, which serves as an in-house legal counsel to the commission as well as represents the Commission in the Court of European Union in Luxembourg.

Professor Kranenborg has a interesting position in the commission as he has taken part in many of the privacy related cases in the European Court of Justice as a commission representative.

You can hear Joost being a bit starstruck with his hero in this episode, but in the end he handles it well.

Professor Kranenborg gives us an unique look into what it is like to prepare and argue in the one of the most important privacy cases in this decade from the commission perspective. We also discuss other landmark cases, so get your pencils ready! Or actually, you dont, since all the cases are listed here below.

And what is the most important case this year according to professor Kranenborg? Listen in, and you will find out.

Delivered judgments Judgment of 6 November 2003, Lindqvist, C-101/01, EU:C:2003:596 Judgment of 8 November 2007, Bavarian Lager v Commission, T-194/04, EU:T:2007:334 Judgment of 29 June 2010, Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378 Judgment of 9 March 2010, Commission v Germany, C-518/07, EU:C:2010:125 Judgment of 16 October 2012, Commission v Austria, C-614/10, EU:C:2012:631 Judgment of 8 April 2014, Commission v Hungary, C-288/12, EU:C:2014:237 Judgment of 16 July 2020, Facebook Ireland and Schrems (Schrems II), C-311/18, EU:C:2020:559 Judgment of 6 October 2020, Privacy International, C-623/17, EU:C:2020:790 Judgment of 6 October 2020, La Quadrature du Net and Others, C-511/18, C-512/18 and C-520/18, EU:C:2020:791 Judgment of 15 June 2021, Facebook Ireland and Others, C-645/19, EU:C:2021:483 - Advocate General Bobek's opinion: https://eur-lex.europa.eu/legal-content/AUTO/?uri=ecli:ECLI:EU:C:2021:5 Judgment of 24 March 2022, Autoriteit Persoonsgegevens, C-245/20, EU:C:2022:216 - Advocate General Bobek's opinion: https://eur-lex.europa.eu/legal-content/AUTO/?uri=ecli:ECLI:EU:C:2021:822 Judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C-140/20, EU:C:2022:258 Judgment of 20 September 2022, VD and SR, C-339/20 and C-397/20, EU:C:2022:703 Judgment of 4 May 2023, Österreichische Datenschutzbehörde and CRIF, C-487/21, EU:C:2023:369 Pending cases CJEU DPC v EDPB I (Facebook) (T-70/23) CJEU DPC v EDPB II (Instagram) (T-84/23) CJEU DPC v EDPB III (Whatsapp) (T-111/23) CJEU Meta v EDPB I (T-682/22) CJEU Meta v EDPB II (Instagram) (T-128/23) CJEU Meta v EDPB III (Facebook) (T-129/23) CJEU WhatsApp Ireland v EDPB (C-97/23 P) CJEU Meta v Bundeskartellamt (C-252/21) CJEU Endemol Shine Finland (C-740/22) CJEU Österreichische Datenschutzbehörde (C-33/22) CJEU LQDN and Others (Personal data and the fight against counterfeiting (C-470/21) - Advocate General Szpunar's opinion: https://eur-lex.europa.eu/legal-content/AUTO/?uri=ecli:ECLI:EU:C:2022:838 Full list of pending cases available at https://digibeetle.eu Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u

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In this episode, Milla, Pilvi, and Panu take a look at the Meta case on the US transfers that ended up costing Meta 1.2 billion euros. We explore the depths of the case, such as how Meta justified their transfers, what supplementary measures were used that were not deemed sufficient, and debate a bit on the politics intertwined with the case.

But hold on! We have more! We also take a look at the finger-licking KFC case, where the AEPD ordered a fine of 5000 euros for violating Article 13 by using undefined expressions such as "we can use…" in the privacy policy. The AEPD also ordered a fine of 20 000 euros for not appointing a Data Protection Officer.

We also discuss Panu’s career plans as he is open for hire (wink wink!)!

Links:

Binding Decision 1/2023 on the dispute submitted by the Irish SA on data transfers by Meta Platforms Ireland Limited for its Facebook service (Art. 65 GDPR):
https://edpb.europa.eu/our-work-tools/our-documents/binding-decision-board-art-65/binding-decision-12023-dispute-submitted_en

Meta’s Response to the Decision on Facebook’s EU-US Data Transfers by Nick Clegg, President, Global Affairs & Jennifer Newstead, Chief Legal Officer :
https://about.fb.com/news/2023/05/our-response-to-the-decision-on-facebooks-eu-us-data-transfers/

KFC case, AEPD (Spain) - PS/00140/2022:
https://www.aepd.es/es/documento/ps-00140-2022.pdf (spanish)

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In this week’s episode Floora, Milla and our guest host Joost discuss how to look at AI through the lenses of privacy and data protection. With so much hype around the topic, we go through the most important developments in the past weeks.

On one hand, proponents of AI regulation argue that without proper oversight, AI could cause harm to privacy, whether intentionally or unintentionally. For example, if AI systems are used to make important decisions that affect people's lives, such as hiring decisions or medical diagnoses, there is a risk of bias or errors that could lead to unfair outcomes.

On the other hand, opponents of AI regulation argue that too much regulation could stifle innovation and hinder progress in the field. They argue that AI is still in its early stages of development and that it is not yet clear what the long-term impacts of AI will be.

The main reason for all the discussion is that service providers have been very opaque about the collection and usage of personal data in the AI models. Do they even use personal data? Are they processing it actively?

And thats where the Italians come along, as the Italian DPA already has taken a stance against Chat GPT and a "virtual friend" chatbot named Replica. What were the main issues according to the Italian DPA with ChatGPT? Why should you re-read the Google Spain decision to understand how ChatGPT might comply (or not comply) with the GDPR? We also shortly touch on the upcoming AI Act.

Links:

Google Spain (Case C‑131/12)

https://curia.europa.eu/juris/document/document.jsf?docid=152065&doclang=en

Italian DPA Garante on ChatGPT:

https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/9870847#english

Norwegian DPA Datatilsynet: Artificial intelligence and privacy

https://www.datatilsynet.no/globalassets/global/english/ai-and-privacy.pdf

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In this episode of PrivacyPod with Anja Wyrobek, a Legal Policy Advisor and European Parliament, we will dive into lengthy development of ePrivacy Regulation, its impact on cookies (one may not forget cookies), encryption and impact of combat against child sexual abuse material thereto.

Eprivacy, the troublesome uncle of GDPR who just doesnt seem to get its act together, is on the talks, again. Eprivacy was expected to be adopted shortly after the GDPR, but the lingering conflicts has dragged the regulation in jeopardy, in an sort of EU legal limbo, a void of Nothing. Five years later, no regulation is still the news.

Some say the future of the internet depends on it, others think the changes arent that big in the end. Many presidencies have tried to forcefully either bury it or unlock it, to no avail. Will the hard working regulators in Brussels get to finally push this Sisyphean rock on the top of the privacy hill?

The key questions relate to the way communications are regulated, trying to bring OTT players, such as electronic communication services providers WhatsApp, Facebook messenger and Skype (yes, the proposal is THAT old) into the realm of regulation. The other goal is to stenghten regulation to protect consumers, but this has greatly fluctuated between revised proposals of the regulation.

Cookies are also a central question and thats also what is the issue here. As Anja reminds, its not the cookie banners that are striclty required by the current eprivacy directive, instead its the market players who have selected to solve the underlying issue with a terrible solution. It is not clear whether or not the new proposal clarifies the cookie situation, but people do have their hopes up.

Dial in to listen how Anja, Milla Keller and Hannes Saarinen dissect the legislative proposals impacting the future of our communications.

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This week we discuss everything around U.S. privacy with a special guest, Odia Kagan! Odia is a Partner and Chair of GDPR Compliance and International Privacy at Fox Rothschild, a US-based law firm with 29 offices across the United States.

What was that last week’s discussion on banning TikTok all about? What is happening with U.S. privacy legislation right now, and how is FTC enforcing privacy requirements? If you gave up on following U.S. privacy updates after the California Consumer Privacy Act, this episode is for you.

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Have you ever felt bad about clicking ”decline all” on a cookie consent? Has that button been difficult to find? And if you finally find it, has the website spawned a pop up message trying to tell you how they will go bankrupt and the world will end if you do not accept all? If you answered yes to any of the previous questions, congratulations -- you have been subjected to dark patterns.

In this episode, we venture into the dark side and discuss this issue with Marie Potel-Saville, a very well known figure in the world of legal innovation and the founder and CEO of Amurabi, a legal innovation agency. Before founding Amurabi, Marie has worked at Allen & Overy, Chanel and as a VP for legal at Estee Lauder EMEA.

Almost the whole internet is full of dark patterns trying to nudge you into doing things you actually do not want to do by utilizing your humanity and the fact that you do not use your full brain capacity in every second you browse the wonderful world of the World Wide Web.

But why is this a problem? What harm does this actually cause to individuals, companies, societies and well, democracy? And what about the children (1/3 of the web users are under age)? Is there a better way? What does the GDPR say about dark patterns -- is it really compliant to use dark patterns? What is the solution?

Did we find the light at the end of the tunnel at all? Listen in to find out!

Links:

The Helmet decision by the Finnish Data Protection Ombudsman:

https://tietosuoja.fi/en/-/deputy-data-protection-ombudsman-issues-reprimand-for-conveying-library-search-information-to-us-based-google

European commission: Consumer protection: manipulative online practices found on 148 out of 399 online shops screened

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_418

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This week, we talk with Romain Robert, a Program Director and a senior lawyer working at NOYB. For the few who might not know, NOYB is a Austrian NGO founded by Max Schrems, who is probably a familiar name to everyone in the privacy world (heard of Scherms I or Schrems II anyone?).

Romain has extensive and interesting background and can claim a rare feat of actually taking part in writing the GDPR.

We talk about three groundbraking cases delivered by the Irish DPA by just the beginning of the privacy year 2023 concerning Instagram, Facebook and Whatsapp, all Meta owned platforms (yeah, those ones, everybody is talking about them, right?).

The complaints against these three companies were made on 25th of May 2018, on the day GDPR entered into force, and concerned their legal basis for processing the personal data of their users. The legal basis used for multiple different purposes, such as behavioural advertising and service improvement, was claimed to be contract, and this ultimately did not go through with the DPC. However, the case is more complicated than it sounds and included many twists and turns between the parties as well as between the DPC and other Member State DPAs- and ultimately the EDPB).

We also talk to Roman about working with NOYB, their future agenda, consent or pay -solutions and GDPR enforcement. Please tune in and learn more about the inside world of the most talked-about privacy NGO in Europe (or the world)!

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And we are back once again with Joosts Case Corner! This time we dive deep into the past, present and future of the Court of Justice of the European Union with upcoming cases as well as latest judgments.

Panu and Joost explore the continous push and pull of GDPR enforcement. On the other hand, it seems like the GDPR puts aside any rights (the Luxembourg Business Registers case). On the other, there seems to be forming limits to the GDPR application in some areas (the Pankki S case).

If you have missed the CJEU action lately, no worries, this episode will put you back in track on what has been happening in the highest court in the EU.

The hosts discuss in this loong episode about several cases and in the process of doing that, they give Milla a good chance to issue an correction.

So load up your earpods and get your pencils ready, because this is going to be a pleasure.

Reading material:

Report about 22 GDPR: https://fpf.org/blog/fpf-report-automated-decision-making-under-the-gdpr-a-comprehensive-case-law-analysis/

New cases:

  • C-672/22 (DKV) + Advocate General conclusion of 15 December 2022, C-487/21 (Österreichische Datenschutzbehörde and CRIF)
  • C-693/22 (I)
  • T-682/22 (Meta v EDPB)
  • C-740/22 (Endemol Shine Finland)
  • C-757/22 (Meta Platforms Ireland)

Questions and overview of all pending cases available at: https://gdprbeetle.eu/which-cjeu-data-protection-cases-are-currently-pending/

Judgments

  • C-129/21 (Proximus)
  • C-37/20 and C-601/20 (Luxembourg Business Registers)
  • C-154/21 (RW)

Hearing

  • C-634/21 (SCHUFA Holding and Others (Scoring)) on 26 January 2023 at 14:30 (First Chamber)

A-G opinion

  • C-579/21 (Pankki S.)

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We start this year of PrivacyPod with a recap of recaps of year 2022. Milla and Hannes Saarinen (from our Finnish podcast) go head-to-head on a quirky quiz drawn up by Panu. I have a bad feeling about this.

Milla and Hannes will be scratching their heads on terms like "privacy zuckering" as well as trying to once again remember what was Privacy Shield 2.0 all about. And of course, Panu makes few mistakes, which dont effect the end result.

What was case C-245/20 about? Can you remember cases by their number? If you can, you would shine in the lightning round of Privacy/Not Privacy!

We have also asked our guests and presenters to give predictions on the privacy year 2023 and dare I say, they are very intruiging. And no, not all of them are about data transfers to the US. 

Who will take on the crown of privacy champion of 2022? Well, for that, you need to listen to the episode, they are both pretty competetive.

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There's no such thing as too much talk about Schrems II, right? Tune in for our talk with the absolute expert on this topic, Eduardo Ustaran. We discuss the current state of international data transfers and when we can expect the new transfer deal to be finalized. Eduardo tells us his learnings from assessing third country privacy laws: every country has some sort of surveillance regime in place, but when are the safeguards imposed on it sufficient in the EU's eyes? And of course, lots of talk about assessing risk in data transfers. We are not done with the risk based approach yet. Eduardo also brings us greetings from IAPP's Brussels Congress, where he had the chance to discuss the Schrems II decision with Schrems himself. Should we already be expecting a Schrems III decision? Recording of Schrems & Ustaran conversation moderated by Caitlin Fennessy at IAPP Brussels: https://iapp.org/news/video/schrems-ii-the-eu-us-dpf-stakeholders-volley-iapp-europe-data-protection-congress-2022/ We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:

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Time for another Case Corner with Joost Gerritsen! What's been cooking in the CJEU, you ask? We're here to tell you! In this extra-long episode we discuss Digi, concerning the use of personal data in testing environments and whether that can be considered compatible use. Also on our list a few upcoming decisions - AG Decision on Österreichische Post regarding data protection damages, the pending log data case and lots more.

In case you're interested in watching the cases live, the streaming website is this:

https://curia.europa.eu/jcms/jcms/p1_1477137/en/

Only Grand Chamber judgments and opinions are streamed (so not the hearings, as far as we know). The stream will appear automatically around 09:15 – 09:30. At 09:30 the stream starts.

Digi, C-77/21; https://curia.europa.eu/juris/liste.jsf?num=C-77/21

Spacenet, C-793/19; https://curia.europa.eu/juris/liste.jsf?lgrec=fr&td=%3BALL&language=en#=C-793/19&jur=C

VD and others, C-339/20; https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL#=C-339/20%20and%20C-397/20

UI v Österreichische Post AG, C-300/21; https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL#=C-300/21

Meta Platforms and Others, C-252/21; https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL#=C-252/21

IAB Europe, C-604/22; https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL#=C-604/22

KNLTB v Autoriteit Persoonsgegevens, C-621/22; https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL#=C-621/22

Pankki S, C-579/21, https://curia.europa.eu/juris/liste.jsf?num=C-579/21&language=en

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In this episode, Milla and Pilvi are pressing play on their inner gamers as today's guest, Jussi Honkasalo, Senior Legal Counsel and DPO at Rovio (the home of the legendary Angry Birds), gives us a let's play tour around the privacy of mobile games. (Ok, did we get any previous gaming sayings right?)

We discuss, for example, how is it possible to build a global mobile game in the jungle of different kinds of privacy regulations globally -- especially when the target audience of mobile games is vast not just geographically but also age-wise? What are the most critical privacy aspects to take into account? What would be the best ways to comply with transparency requirements with such a broad audience -- could, for example, the amazing game designers be of help here? We also discuss what kind of privacy requirements gaming platforms, from where mobile games are downloaded, have and if these requirements have an impact on gaming companies.

We also briefly discuss the new "EO" (Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities), which tries to patch up the holes exposed by Schrems II.

Press play on the console/device of your choice, and jump into the world of gaming!

Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities: https://www.whitehouse.gov/briefing-room/presidential-actions/2022/10/07/executive-order-on-enhancing-safeguards-for-united-states-signals-intelligence-activities/

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This week we discuss the latest developments in ad tech privacy with Peter Hense. Peter is a partner at Spirit Legal, where he specializes in data privacy litigation, particularly in the area of advertising technology. In this episode we cover the Danish DPA's guidance on Google Analytics as well as CNIL's guidance on using proxy servers as a supplementary measure to combat Schrems II issues. Also on the table: is Google Analytics 4 any better for privacy than Universal Analytics, where is ad tech headed in the future and what is the one thing Peter would change about the GDPR. Danish DPA - press release on Google Analytics https://www.datatilsynet.dk/english/google-analytics/use-of-google-analytics-for-web-analytics Danish DPA Q&A https://www.datatilsynet.dk/english/google-analytics CNIL guidelines for making GA compliant https://www.cnil.fr/en/google-analytics-and-data-transfers-how-make-your-analytics-tool-compliant-gdpr
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This week we discuss the latest developments in ad tech privacy with Peter Hense. Peter is a partner at Spirit Legal, where he specializes in data privacy litigation, particularly in the area of advertising technology. In this episode we cover the Danish DPA's guidance on Google Analytics as well as CNIL's guidance on using proxy servers as a supplementary measure to combat Schrems II issues. Also on the table: is Google Analytics 4 any better for privacy than Universal Analytics, where is ad tech headed in the future and what is the one thing Peter would change about the GDPR. Danish DPA - press release on Google Analytics https://www.datatilsynet.dk/english/google-analytics/use-of-google-analytics-for-web-analytics Danish DPA Q&A https://www.datatilsynet.dk/english/google-analytics CNIL guidelines for making GA compliant https://www.cnil.fr/en/google-analytics-and-data-transfers-how-make-your-analytics-tool-compliant-gdpr
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We're back from our summer break! This week on the podcast we discuss privacy and security issues in in-app browsers. Many apps do some tracking, but TikTok seems to win the price this time around on being the most intrusive social media app in this regard. Panu and Milla are disagreeing on what level of concerned one should be about this. We also discuss the Finnish Prime Minister's party scandal (from a very serious privacy angle, not just gossiping), the Danish DPA banning the use of Chromebooks in schools and lots more.

TikTok

https://krausefx.com/blog/announcing-inappbrowsercom-see-what-javascript-commands-get-executed-in-an-in-app-browser

Dutch Football case
https://www.fedma.org/2022/07/dutch-court-closes-voetbaltv-case-but-balance-to-the-gdpr-legitimate-interest-is-yet-to-be-restored/
https://www.raadvanstate.nl/uitspraken/@132243/202100045-1-a3/?highlight=voetbaltv#toonpersaankondiging

Danish DPA banning use of Chromebooks
https://techcrunch.com/2022/07/18/denmark-bans-chromebooks-and-google-workspace-in-schools-over-gdpr/
https://www.datatilsynet.dk/presse-og-nyheder/nyhedsarkiv/2022/aug/ny-afgoerelse-datatilsynet-fastholder-forbud-i-chromebook-sag

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Dear listeners - technology is not neutral. That's the premise of the book from our this week's guest, Stephanie Hare. In this episode, Stephanie shares with us her insights on technology ethics. Sure, privacy is an important part of ethical design, but what else does it entail? And who bears the responsibility for raising their voice, when something doesn't seem right? More on Stephanie and her book "Technology Is Not Neutral: A Short Guide to Technology Ethics" here: https://www.harebrain.co/ We’d love to get feedback – so please tag us, follow us, DM us… or send us traditional email:

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You know what the title means - we have Joost Gerritsen back on board with us! What we intend to be a regular section on the podcast, we delve again into the intricacies of CJEU case law. On the menu this week:

CJEU judgments:

  • X, Z v Autoriteit Persoonsgegevens – C-245/20 – 24 March 2022 - https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62020CJ0245
  • G.D. v The Commissioner of the Garda Síochána And Others – C-140/20 – 5 April 2022 - https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62020CJ0140
  • Meta Platforms Ireland (C-319/20) – 28 April 2022 https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62020CJ0319

Advocate General opinions:

  • Digi (C‑77/21) – 31 March 2022 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CC0077
  • Google (C-460/20) – 7 April 2022 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62020CC0460
  • Proximus (C-129/21) – 28 April 2022 https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62021CC0129

And hey - if you come up with a cooler brand name than Case Corner for Joost's section, hit us up, we're all ears for feedback!

And check out also Joost's website https://gdprbeetle.eu/which-cjeu-data-protection-cases-are-currently-pending/ to keep posted on latest CJEU privacy developments.

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In this week's episode, be prepared to experience moral outrage on so many fronts. We cover the Verisure scandal from Sweden with employees snooping on security camera footage, another big fine from the Netherlands and lots more. Also in this episode: should you quit your job, move to Germany, and start filing for privacy damages left and right to make a living?

And is EU Courts streaming their judgments the new Netflix?

LinkedIn v HiQ case
https://iapp.org/news/a/linkedin-v-hiq-and-the-transatlantic-privacy-divide/

Verisure scandal under investigation by Swedish DPA
https://www.is.fi/digitoday/art-2000008769860.html

Google introduces new controls in Google Analytics
https://support.google.com/analytics/answer/12017362

Dutch DPA fines the Dutch tax authority 3,7 MEUR
https://www.politico.eu/article/dutch-scandal-serves-as-a-warning-for-europe-over-risks-of-using-algorithms/

25€(yes, 25€!) in damages granted for receiving spam email
https://gdprhub.eu/index.php?title=LG_Heidelberg_-_4_S_1/21&mtc=today

Nerdflix – EU Courts start livestreaming
https://www.politico.eu/article/eus-top-court-embraces-digital-age-with-streaming-service/

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We have a new data transfer deal between the EU and the US! In principle. What does the announcement of an agreement “in principle” mean, when can we expect an actual deal, and what does this mean for transfers of personal data to the US right now? Can we stop doing transfer impact assessments altogether?

In other news, we cover Meta’s 17MEUR fine from Ireland, and have a quick look at the recent EDPB guidelines. We’re delighted to discover that the term “Privacy Zuckering” exists, and equally disappointed to find out that the term did not make its way in the EDPB’s dark patterns guideline.

European Commission press release on the Framework
https://ec.europa.eu/commission/presscorner/api/files/attachment/872132/Trans-Atlantic%20Data%20Privacy%20Framework.pdf.pdf

US Fact Sheet on the Framework
https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/25/fact-sheet-united-states-and-european-commission-announce-trans-atlantic-data-privacy-framework/

CMS blogpost on Privacy Shield
https://www.cmshs-bloggt.de/tmc/datenschutzrecht/trans-atlantic-data-privacy-framework-datentransfer-usa/#

US Supreme Court Fazaga case
https://thehill.com/opinion/judiciary/598899-the-supreme-court-just-made-a-us-eu-privacy-shield-agreement-even-harder

17MEUR fine on Meta from Irish DPA
https://www.dataprotection.ie/en/news-media/press-releases/data-protection-commission-announces-decision-meta-facebook-inquiry

New guidelines from the EDPB
https://edpb.europa.eu/system/files/2022-03/guidelines_202202_on_the_application_of_article_60_gdpr_en.pdf
https://edpb.europa.eu/system/files/2022-03/edpb_03-2022_guidelines_on_dark_patterns_in_social_media_platform_interfaces_en.pdf

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This week we discuss the upcoming privacy cases in the highest court of the EU, and have an amazing guest with us for this purpose, Joost Gerritsen!

Beware listeners, this episode is probably our nerdiest (and longest, since Milla doesnt understand editors hints) one so far, so even more awesome than our usual content – that’s also why we made it extra-long.

Joost is an AI, robotics, and data protection lawyer. He is based in the Netherlands where he runs his own law firm Legal Beetle, and has a long history working with data protection issues.

What are the recurring themes in CJEU’s privacy cases, which countries are the usual suspects when it comes to referring questions to the Court, and how long does it take for the Court to decide on matters? And what do we talk about when we talk about professional FOMO ie. Pro-FOMO?

We also do a speed-recap of the latest news in privacy sphere.

Italian DPA fines Clearview AI 20 MEUR
https://techcrunch.com/2022/03/09/clearview-italy-gdpr/

Danish DPA: Guidance on the use of cloud
https://www.datatilsynet.dk/Media/637824108733754794/Guidance%20on%20the%20use%20of%20cloud.pdf

Database of pending CJEU cases by Joost
https://gdprbeetle.eu/which-cjeu-data-protection-cases-are-currently-pending/

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This week’s guest star is Karolina Iwańska, who works as a lawyer and researcher at Panoptykon Foundation, a Polish NGO fighting for freedom and privacy in the digital age. Panoptykon was one of the organizations bringing the IAB TCF case to the Belgian data protection authority, and we had the pleasure of hearing Karolina’s insights on litigating the case, and her views on how this will affect the future of online advertising and privacy.

We also do a speed-recap of the latest news in privacy sphere.

EDPB launches coordinated enforcement on use of cloud by public sector
https://edpb.europa.eu/news/news/2022/launch-coordinated-enforcement-use-cloud-public-sector_en

Grindr appeals the over 6 MEUR fine in Norway
https://www.axios.com/grindr-appeal-norwegian-fine-privacy-bf20ff80-6117-4806-8550-10766590c0e0.html

Further decisions and reactions on Google Analytics
https://www.cnil.fr/sites/default/files/atoms/files/med_google_analytics_anonymisee.pdf
https://tietosuoja.fi/-/euroopan-tietosuojaviranomaiset-ovat-todenneet-google-analyticsin-kayton-verkkosivuilla-tietosuojalainsaadannon-vastaiseksi
https://iapp.org/news/a/norwegian-dpa-recommends-google-analytics-alternatives/

Local DPAs react to IAB TCF decision, EPIC and ICCL demand deletion of TCF data
https://www.jdsupra.com/legalnews/dutch-dpa-takes-position-on-online-5194892/
https://epic.org/epic-and-iccl-issue-deletion-demands-in-wake-of-tcf-decision/

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This week we discuss the broader implications of online tracking with Arnold Roosendaal, who works as a director at Privacy Company in the Netherlands.

Roosendaal showed the world in 2011 how Facebook Like button is used across the internet to track also non-Facebook users. Since then he has done extensive work in highlighting the societal effects of online tracking, and how it impacts our individuality.

Example of Privacy Company’s DPIA work

https://slmmicrosoftrijk.nl/downloads-dpias/

Arnold Roosendaal’s articles on SSRN

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1546115

The information trap: Arnold Roosendaal at TEDxTilburgUniversity

https://www.youtube.com/watch?v=xNQ9FG8oCCs

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We hope everyone had relaxing holidays, because the year has not started slow in the world of privacy!

In this week’s episode we talk about all the development around Google Analytics and the GDPR – the Austrian DPA being the first national data protection authority to indicate that the use of the tool breaches the GDPR and the Schrems II judgment.

In other news we look at the European Data Protection Supervisor’s decision against Europol and a legal study commissioned by the EDPS and the EDPB on government access in India, China and Russia (spoiler: the study has a rather negative outcome).

EDPS orders Europol to erase data
https://edps.europa.eu/system/files/2022-01/22-01-10-edps-decision-europol_en.pdf

Legal study on government access in India, China and Russia
https://edpb.europa.eu/system/files/2022-01/legalstudy_on_government_access_0.pdf

Austrian DPA’s decision on Google Analyticshttps://gdprhub.eu/index.php?title=DSB_(Austria)_-_2021-0.586.257_(D155.027)#English_Summary

Google’s response on privacy and Google Analytics
https://blog.google/around-the-globe/google-europe/google-analytics-facts/

EDPS reprimand towards European Parliament – on use of cookies, data transfers
https://noyb.eu/en/edps-sanctions-parliament-over-eu-us-data-transfers-google-and-stripe

Dutch DPA giving first warning on Google Analytics
https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post/cookies#hoe-kan-ik-bij-google-analytics-de-privacy-van-mijn-websitebezoekers-beschermen-4898

CNIL’s guidance for data processors’ further use of data
https://www.cnil.fr/fr/sous-traitants-la-reutilisation-de-donnees-confiees-par-un-responsable-de-traitement

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New episode out! This week we discuss the much awaited decision from the Dutch data protection authority on the lawfulness of the IAB Transparency and Consent Framework – or at least the bits of the draft decision that have reached us so far.

Does the DPA’s interpretation that IAB would be acting as a joint controller make any sense? Does following the TCF rules result in a lawful consent? And what’s the timeline for getting the decision finalized? In other news, we discuss the impact Apple’s privacy changes have had on ad income, and give an update on how the enforcement of the Chinese privacy law PIPL has started off.

IAB TCF draft decision coming soon
https://techcrunch.com/2021/11/05/iab-europe-tcf-gdpr-breach-belgium/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAACSEuDSf8McqwOifIOAe3-Wc2bl9ZjUZCRcD8EuF5SZhW4U45HRlieV-DCcb-I23wBkOYWsWEPZGtPRDhdek4W1NM9376VeWRBq6N1ZoWaVt3vXxFOrwmf0f5Ab0lPMQdpQ9YaGRgmrMRtMCMjirE4xoyrlPYinAhTn0mZdg5Kym

Effects of iOS updates showing in ad income
https://www.ft.com/content/4c19e387-ee1a-41d8-8dd2-bc6c302ee58e

China PIPL update
https://www.reuters.com/world/asia-pacific/china-ministry-orders-38-apps-rectify-excessive-collection-personal-data-2021-11-03/

Facebook shutting down its Facial Recognition System
https://www.nytimes.com/2021/11/02/technology/facebook-facial-recognition.html

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Ransomware is an ever growing issue in the world of cyber security and privacy. More and more organisations face severe repercussions on malicious attacks by different professional groups.

In this episode we take a bit of a side step and discuss ransomware attacks with an absolute legend, Quentyn Taylor, Head of Information Security at Canon EMEA.

Quentyn accounts how ransomware has developed into a multilayer "industry" of its own kind, with several layers of actors specializing in different parts. One player gets in, the otherone takes the data and third one might use it. In plain terms, Quentyn just explains it much more interestingly.

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You can sigh in relief, the past week was slower on privacy news front and we did our best to keep it short!

We continue the discussion on Facebook View glasses as the news came last week from both the Italian as well as the Irish data protection authorities that they are looking into privacy issues related to the glasses. We marvel at AWS delivering early the updates required by the new Standard Contractual Clauses in their data processing agreement (kind reminder to fellow privacy experts: September 27 is the deadline for having the new SCCs ready for use with new contracts, and updates to old contracts should be covered by December 27, 2022). And lastly, we are happy to have Heikki rant a bit about cookies.

Italian and Irish authorities looking into Facebook view (glasses)
https://www.dataprotection.ie/en/news-media/latest-news/data-protection-commission-statement-concerning-facebook-view-glasses

AWS customer terms updated with new SCCs

https://aws.amazon.com/blogs/security/new-standard-contractual-clauses-now-part-of-the-aws-gdpr-data-processing-addendum-for-customers/

German consumer advocates investigate cookies
https://marketresearchtelecast.com/consumer-advocates-warn-companies-about-cookie-banners/158935/

Whatsapp challenges DPC fine
https://www.irishtimes.com/business/technology/whatsapp-challenges-dpc-s-225-million-fine-1.4675957

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This week we discuss at length Facebook launching “Ray-Ban Stories” – cool-looking sunglasses, but just slightly on the creepy side when it comes to privacy. It was also reported last week that Facebook is able to read your Whatsapp messages, but at closer scrutiny the story isn’t as straight-forward as that. And lastly, in the light of the messages coming from the UK on updating their privacy rules, we would like to ask: privacy colleagues in the UK, are you OK?

Facebook launching “Ray-Ban Stories”
https://about.fb.com/news/2021/09/introducing-ray-ban-stories-smart-glasses/

Facebook reads your Whatsapp messages – or does it?
https://www-businessinsider-com.cdn.ampproject.org/c/s/www.businessinsider.com/facebook-reads-whatsapp-messages-encryption-2021-9?amp

Class action against TikTok in the Netherlands
https://siliconcanals.com/news/tiktok-in-a-6b-class-action-lawsuit/

UK’s New Direction for Data Protection
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1016395/Data_Reform_Consultation_Document__Accessible_.pdf

ICO calls on G7 countries to reform cookie rules
https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2021/09/ico-to-call-on-g7-countries-to-tackle-cookie-pop-ups-challenge/

CNIL sanction for retention times
https://edpb.europa.eu/news/national-news/2021/french-dpa-175-million-penalty-against-ag2r-la-mondiale_de

Germany’s sovereign cloud
https://fortune.com/2021/09/08/germany-sovereign-cloud-google-t-systems/

Critique – once again – on the Irish DPA
https://www.iccl.ie/digital-data/2021-gdpr-report/

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In this week’s episode we discuss a much awaited decision – Irish Data Protection Commissioner’s first fine against big tech. In an attempt to at least scrape the surface, we cover what the decision against Whatsapp was all about, and what is to be expected going forward. In other news we are tentatively positive about Cloudflare’s updates in their global data processing practices and big fans of Norwegian DPA’s clear guidelines on international data transfers. In the weird and wonderful section we discuss the Hush app available for iOS – but do we end up using it or not?

And hey, to all boomers out there: we’re now on LinkedIn! (But not yet on TikTok, that will still take some time.)

Whatsapp decision from Ireland
https://edpb.europa.eu/system/files/2021-09/dpc_final_decision_redacted_for_issue_to_edpb_01-09-21_en.pdf

Age control on Instagram
https://about.fb.com/news/2021/08/asking-people-for-their-birthday-on-instagram/

Cloudflare updates to data processing
https://blog.cloudflare.com/oblivious-dns/

Norwegian DPA’s data transfer guidelines
https://www.datatilsynet.no/rettigheter-og-plikter/virksomhetenes-plikter/overforing-av-personopplysninger-ut-av-eos/

TIA template from IAPP
https://iapp.org/resources/article/transfer-impact-assessment-templates/

Weird and wonderful

https://apps.apple.com/us/app/hush-nag-blocker/id1544743900

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That time of the week again, a new episode of PrivacyPod is out! This week we discuss UK’s confusing messages on their plans to update their privacy legislation and what this means for the UK adequacy. Also in the news the usual suspects: Google bringing privacy updates for Android, Apple being after all not so transparent with regard to how they have been combatting CSAM in the past, and COPPA violations by Angry Birds.

Google’s privacy updates for Android
https://mobiledevmemo.com/googles-approach-to-privacy-is-att-lite/
https://cunderwood.dev/2021/07/29/privacy-changes-come-to-the-google-play-store/

Angry Birds sued over COPPA violations
https://www.jurist.org/news/2021/08/new-mexico-sues-angry-birds-developer-over-child-privacy-violations/

Apple already scanning for CSAM in iCloud Mail
https://9to5mac.com/2021/08/23/apple-scans-icloud-mail-for-csam/

UK’s plans for privacy overhaul
https://www.theguardian.com/technology/2021/aug/26/uk-to-overhaul-privacy-rules-in-post-brexit-departure-from-gdpr?CMP=fb_a-technology_b-gdntech
https://www.gov.uk/government/news/uk-unveils-post-brexit-global-data-plans-to-boost-growth-increase-trade-and-improve-healthcare

Belgian Court rules on use of American cloud
https://www.linkedin.com/posts/luisalbertomontezuma_belgian-conseil-detat-aws-schrems-activity-6837178667035111424-2rcw/

European Commission: EU policy does not require localization of data
https://www.europarl.europa.eu/doceo/document/E-9-2021-002521-ASW_EN.pdf

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In this week’s episode we delve deep into a report from the EDPB on data protection authorities’ resources. We look behind the numbers and graphs and explain what the report tells us about the state of privacy in the EU.

Other than that, it’s the usual stuff: Facebook not being transparent, ICO being awesome in providing guidelines to companies and a couple of weird and wonderful decisions from around Europe.

EDPB report: Overview on resources made available by Member States to the Data Protection Authorities and on enforcement actions by the Data Protection Authorities

https://edpb.europa.eu/system/files/2021-08/edpb_report_2021_overviewsaressourcesandenforcement_v3_en_0.pdf

China’s new privacy law

https://www.reuters.com/world/china/china-passes-new-personal-data-privacy-law-take-effect-nov-1-2021-08-20/

ICO approved new certification schemes

https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2021/08/ico-approves-the-first-uk-gdpr-certification-scheme-criteria/

Facebook not being transparent

https://www.theverge.com/2021/8/22/22636508/facebook-releases-shelved-content-transparency-report-content-coronavirus

Clubhouse joining other social media platforms in protecting privacy in Afghanistan

https://www.theverge.com/2021/8/21/22635378/clubhouse-removes-personal-info-user-accounts-afghanistan-taliban-safety

Weird and wonderful collection of decisions

https://gdprhub.eu/index.php?title=OGH_-_6Ob56/21k&mtc=today

https://www.enforcementtracker.com/

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The trio is back together after a summer break! Can’t say fresher than ever, but at least we are back. As per usual, big tech is providing lots to discuss in the field of privacy: we cover Apple’s controversial plans to prevent CSAM, Luxembourg DPA’s record GDPR fine against Amazon and Google’s new child friendly measures in image search. We have a new jingle for NOYB-related news, because it seems there is something new coming from their direction on a weekly basis now. Panu tries to launch the concept of correction corner, the others are not huge fans of this idea.

Finnish draft cookie guidelines

https://www.lausuntopalvelu.fi/FI/Proposal/Participation?proposalId=5450870c-1703-49e6-b48c-f89bb6ca3319

746 million euro fine against Amazon

https://techcrunch.com/2021/07/30/eu-hits-amazon-with-record-breaking-887m-gdpr-fine-over-data-misuse/

Apple’s new measures to prevent CSAM

https://www.theverge.com/2021/8/10/22613225/apple-csam-scanning-messages-child-safety-features-privacy-controversy-explained

https://www.apple.com/child-safety/pdf/Expanded_Protections_for_Children_Frequently_Asked_Questions.pdf

Google providing minors the possibility to have images removed from Google Image results

https://blog.google/technology/families/giving-kids-and-teens-safer-experience-online/

NOYB’s cookie complaints from June proceeding

https://noyb.eu/en/news-sites-readers-need-buy-back-their-own-data-exorbitant-price

NOYB’s quest to prevent cookie paywalls

https://noyb.eu/en/news-sites-readers-need-buy-back-their-own-data-exorbitant-price

Hamburg DPA says NO to Zoom

https://datenschutz-hamburg.de/pressemitteilungen/2021/08/2021-08-16-senatskanzlei-zoom

Weird and wonderful collection of decisions from GDPR Enforcement Tracker

https://www.enforcementtracker.com/

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PrivacyPod awakens from its summer slumber for an episode of the latest news in the privacy-verse. It should be no surprise to anyone that summer usually means big privacy news.

This year around we haven’t (luckily) received any new ground-breaking, privacy-world-shattering rulings from the highest court in the EU, but that doesn’t mean there isn’t other important stuff to cover.

Listen in for our review of a couple of guidelines from supervisory authorities and reactions to Facebook’s proceedings on various fronts regarding their use of Whatsapp data. And is there going to be and episode next week? Nobody knows.

Recommended IAPP webinar on one-year post Schrems reflections

https://iapp.org/news/video/linkedin-live-schrems-ii-a-year-on/

EDPB urgent binding decision on Facebook

https://edpb.europa.eu/news/news/2021/edpb-adopts-urgent-binding-decision-irish-sa-not-take-final-measures-carry-out_en

BEUC – European consumer organization’s complaint over Whatsapp privacy changes

https://www.reuters.com/technology/whatsapp-targeted-eu-consumer-complaints-over-privacy-changes-2021-07-12/

Cookie guidelines Finland

https://www.lausuntopalvelu.fi/FI/Proposal/Participation?proposalId=5450870c-1703-49e6-b48c-f89bb6ca3319

Decision from Finnish DPA – first cross-border case in Finland

https://tietosuoja.fi/-/tietosuojavaltuutettu-on-antanut-ensimmaisen-paatoksen-johtavana-valvontaviranomaisena-rajatylittavassa-asiassa-oikeutta-saada-paasy-tietoihin-ei-ollut-toteutettu-tietosuojasaannosten-mukaisesti

Finalized controller-processor guidelines from EDPB

https://edpb.europa.eu/our-work-tools/our-documents/guidelines/guidelines-072020-concepts-controller-and-processor-gdpr_en

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Hot off the press! In this week’s episode we go through our very first reactions to EDPB’s final recommendations on supplementary measures, the most awaited document of this year. Is it risk based approach now, or not so much? We also chat about UK’s adequacy decision and reflect upon how the new standard contractual clauses should be viewed in the current landscape of international data transfers.

This episode features a very special guest! Panu and Milla are joined by Trevor Hughes, President and CEO of the IAPP. We talk about Trevor’s career in privacy, IAPP’s role in fostering the privacy profession and IAPP’s return to live events this year.

Also included in the episode is a wonderful motivational speech from Trevor on what keeps him going as a privacy professional. And of course, we could not let Trevor go without going through our GDPR Quiz. Listen in for his impressive results!

EDPB’s final recommendations on supplementary measures

https://edpb.europa.eu/system/files/2021-06/edpb_recommendations_202001vo.2.0_supplementarymeasurestransferstools_en.pdf

New SCCs

https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en

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Welcome to another episode of PrivacyPod, this week with our resident cookie monster Heikki Tolvanen and Milla Keller. Heikki is excited about ice hockey (Milla is not), Milla is excited about the new SCCs (Heikki is not).

We discuss German data protection authorities joint efforts in auditing Schrems II compliance, a class action against TikTok in the Netherlands, and Garante’s blocking of the covid app in Italy. Listen in also for our view on the latest decision from the Finnish supervisory authority, which makes us just ask… Why?

In the episode you can also hear the poorest pep talk in human history, and the above mentioned excitement from Heikki… Well, let’s just say Finnish guys express emotion in very subtle ways.

German DPAs investigate data transfers:

https://www.datenschutz-berlin.de/fileadmin/user_upload/pdf/pressemitteilungen/2021/20210601-PM-Schrems_II_Pruefung.pdf

Final version of the new Standard Contractual Clauses is ready:

https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en

TikTok gets sued in the Netherlands:

https://www.dw.com/en/dutch-parents-sue-tiktok-for-14-billion/a-57762350

Garante blocks the Italian covid vaccine app:

https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/9592623

Decision from Finnish DPA regarding a small data breach:

https://finlex.fi/fi/viranomaiset/tsv/2021/20210843

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This week we are back to our regular programming with an episode packed with privacy news. Panu and Milla are reflecting upon how GDPR’s birthday celebrations went last week – our baby is three years old already! Where did the time go!

Other than that, we discuss the newest wave of cookie complaints from NOYB and will wait eagerly for our third co-host Heikki’s feedback on our coverage of this topic (the feedback will probably be negative). And what about those ECHR judgments on mass surveillance in Europe – puts our Schrems II discussions in a slightly awkward light, no? Listen more in the episode!

New wave of cookie complaints from NOYB

https://noyb.eu/en/noyb-aims-end-cookie-banner-terror-and-issues-more-500-gdpr-complaints

Digital Rights alliance complaint against Clearview AI

https://www.dataguidance.com/news/eu-noyb-and-other-privacy-groups-call-eu-authorities

EDPS investigations following Schrems II

https://edps.europa.eu/press-publications/press-news/press-releases/2021/edps-opens-two-investigations-following-schrems_en

European Court of Human Rights verdicts on state surveillance

https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22002-13278%22]}

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In our third episode, Panu and Milla dive deeply into the mysteries of the Doctolib case from the French courts. Thankfully, we have Michael Hopp who works as a Partner at the Copenhagen based law firm Plesner to guide us through the murky waters of international transfers.

Michael is one of the original pioneers in Nordic privacy and has extensive experience in multitude of privacy disciplines. He also teaches on the subject a lot and thus this episode is a great listen also purely as a learning experience.

What was the Doctolib case actually about and what have people misunderstood on it? Can we use cloud services again? And how fast can Michael run a half marathon? Listen in and find out!

Read into the Doctolib case here: https://iapp.org/news/a/why-this-french-court-decision-has-far-reaching-consequences-for-many-businesses/

The Norwegian guidance on Schrems II case: https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2020/sos-om-nye-regler-for-overforing/

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Welcome to the second episode of PrivacyPod, a show about EU privacy, technology and cookies. Our regular content covers recent privacy related news, and in addition to this we feature interesting guests to hear about their career and their take on current privacy developments. PrivacyPod is hosted by Panu Pökkylä and Milla Keller.

This time we talk to privacy counsel Emina Gaspar-Vrana from Trustly Group. Emina shares her interesting work experience from many sides of privacy: from private practice to the Swedish DPA and lately at one of Europes growing fintech.

And of course Panu and Milla subject their guest to the merciless tutelage of the GDPR Quiz. How did Emina succeed in it?

We also cover some of the latest news in the word of privacy. Such as:

The Bavarian DPA orders a small German company to stop using Mailchimp over Schrems II concerns: https://edpb.europa.eu/news/national-news/2021/bavarian-dpa-baylda-calls-german-company-cease-use-mailchimp-tool_en

The European Union and the United States are pushing for intensified pace in the EU-US data transfer negotiations: https://ec.europa.eu/commission/presscorner/detail/en/statement_21_1443

European Parliament resolution on the Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0111_EN.html

Google to bypass testing FLoC in Europe over GDPR concerns: https://www.adexchanger.com/platforms/google-will-not-run-floc-origin-tests-in-europe-due-to-gdpr-concerns/

We’d love to get feedback – so please tag us, follow us, DM us… or send us traditional email:

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Drumrolls please, PrivacyPod’s first episode is out! This is a podcast about privacy, technology and cookies. Our regular content covers recent privacy related news, and in addition to this we feature interesting guests to hear about their career and their take on current privacy developments. PrivacyPod is hosted by Heikki Tolvanen, Panu Pökkylä and Milla Keller.

In this week’s episode we are excited to have Tobias Bräutigam join us for a discussion on how companies are dealing with the Schrems II decision in practice. Tobias currently heads the data protection practice at Bird & Bird Finland and on top of this holds a docentur at the University of Helsinki. You can find Tobias on Twitter with the handle @PrivacyFin.

In addition to our discussion on Schrems II we’re diving deep on the Deutsche Wohnen case – a puzzling court decision where the Berlin data protection authority’s fine of 14.5 million euros on the company was revoked due to procedural issues.

News on Deutsche Wohnen in German: https://www.berliner-zeitung.de/mensch-metropole/deutsche-wohnen-muss-doch-keine-strafe-in-millionenhoehe-zahlen-li.141971

English news coverage on the case: https://www.dataprotectionreport.com/2021/02/deutsche-wohnen-fine-now-declared-invalid-by-a-german-court/#:~:text=Deutsche%20Wohnen%20fine%20now%20declared%20invalid%20by%20a%20German%20court,-By%20Christoph%20Ritzer&text=The%20Regional%20Court%20(Landgericht)%20of,case%20to%20the%20next%20instance.

Case summary on the original data protection authority’s decision: https://edpb.europa.eu/news/national-news/2019/berlin-commissioner-data-protection-imposes-fine-real-estate-company_en

We’d love to get feedback – so please tag us, follow us, DM us… or send us traditional email:

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