Data Protection

The UK Government has indicated its desire to diverge from the European data protection regime. This brief considers some of the main areas of divergence in the Data Protection and Digital Information Bill (DPDI Bill), the latest iteration of an effort to reform data protection to "free up the use of data" to "unleash its value across the economy" and for the UK to "operate as the world's data hub."

The approval of the Brazilian General Data Protection Legislation (LGPD) in 2019 marked a new paradigm in the defence of fundamental rights in Brazil. However, Brazilian society still struggles to enforce LGPD’s rules. One huge challenge has been the difficulty in matching the promotion of public sector efficiency with personal data protection in recent policies of the government to reduce bureaucracy. The following paragraphs will cover some recent episodes where these values have clashed in a false dichotomy.

Digital technology plays a key role in the armed conflict in Ukraine – as a tool for cyberattacks and digital protest, and as an accelerator for information and disinformation.

Choice architecture. Nudging. Manipulation. Whatever you call it, asking users to consent to tracking cookies that can be used for targeted advertising is far from straightforward. On 2 February 2022, the Belgian Data Protection Authority issued a momentous ruling that could make them a thing of the past. Tech journalist Jennifer Baker speaks to renowned privacy guru Pat Walshe about the ruling and the wider implications.

In the following months, the Brazilian Senate will vote on a 10-article bill establishing principles for the development and deployment of artificial intelligence (AI) systems. Its content, however, may help perpetuate recent cases of algorithmic discrimination through provisions that hinder the accountability for AI-induced errors and restrict the scope of rights established in Brazil’s General Data Protection Legislation and in the Brazilian Constitution.

2022 is shaping up to be a big year for European digital policymaking. The Digital Services and Digital Markets Acts as well as the Artificial Intelligence Act will reverberate beyond the EU’s borders. For the EU’s comprehensive vision for platform regulation to become reality, it will be crucial to coordinate the enforcement mechanisms of these laws.

On the EU’s periphery, Serbia has deployed enough biometric surveillance technology from China’s Huawei for law enforcement and “Safe City” solutions to cover practically all of Belgrade’s public spaces. Public pressure has raised the bar for turning on the technology, but the alarming project illustrates the need for transparent regulation of such systems everywhere, to ensure the protection of fundamental human rights.

The concept of ‘digital sovereignty’ has become more prevalent over the last few years, although its meaning remains diffuse. Between Chinese techno-authoritarianism and the U.S. model of surveillance capitalism, Europe is heading towards a third way.

Efforts to follow social distancing and mask-wearing rules have been crucial to South Korea’s success in containing the Covid-19 pandemic, but experts worry that other measures—such as sharing data from confirmed cases—have stigmatised and harmed marginalised communities. 

The pandemic-driven boost of digital innovation holds opportunities, but it needs a sound political framework. From countering disinformation to preventing algorithmic discrimination, the U.S. and the EU need to work together to set the rules for our digital economies and societies.

From legal challenges to delays, leaks and policy reversals, the UK has stumbled in its tech response to the pandemic. A full assessment of what happened will take time, but the record thus far already offers lessons for the future.

A collection of articles which show different aspects of gender questions in a world of data collection and digital surveillance.