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Continue reading →: CNIL’s public consultation on the GDPR: what’s in store for Data Protection Impact Assessments and certification mechanisms? (Part II)
Gabriela Zanfir Fortuna The French Data Protection Authority, CNIL, made public last week the report of the public consultation it held between 16 and 19 July 2016 among professionals about the General Data Protection Regulation (GDPR). The public consultation gathered 540 replies from 225 contributors. The main issues the CNIL focused on…
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Continue reading →: CNIL just published the results of their GDPR public consultation: what’s in store for DPOs and data portability? (Part I)
Gabriela Zanfir Fortuna The French Data Protection Authority, CNIL, made public this week the report of the public consultation it held between 16 and 19 July 2016 among professionals about the General Data Protection Regulation (GDPR). The public consultation gathered 540 replies from 225 contributors. The main issues the CNIL…
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Continue reading →: A look at political psychological targeting, EU data protection law and the US elections
Cambridge Analytica, a company that uses “data modeling and psychographic profiling” (according to its website), is credited with having decisively contributed to the outcome of the presidential election in the U.S.. They did so by using “a hyper-targeted psychological approach” allowing them to see trends among voters that no one…
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Continue reading →: The problem with the Privacy Shield challenges: do the challengers have legal standing?
by Gabriela Zanfir Fortuna There are currently two ongoing challenges of the Privacy Shield before the CJEU (one submitted by Digital Rights Ireland and one by a coalition of French NGOs). Before deciding on the merits of these cases, there is a risk that the Court may not consider them admissible…
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Continue reading →: The GDPR already started to appear in CJEU’s soft case-law (AG Opinion in Manni)
CJEU’s AG Bot referred to the GDPR in his recent ‘right to be forgotten’ Opinion It may only become applicable on 25 May 2018, but the GDPR already made its official debut in the case-law of the CJEU. It was the last paragraph (§101) of the Conclusions of AG Bot in…
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Continue reading →: Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter
AG Mengozzi delivered his Opinion in the EU-Canada PNR case (Opinion 1/15) on 8 September 2016. While his conclusions clearly indicate that, in part, the current form of the agreement between Canada and the EU “on the transfer and processing of Passenger Name Record data” is not compliant with EU…
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Continue reading →: Section 1. De-mystifying Article 16 TFEU: yes, it is an appropriate legal basis for concluding international agreements on transfers of personal data
(Section 1 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) Currently, the Council decision adopted for concluding the EU-Canada PNR agreement rests on two legal bases: Article 82(1)(d) TFEU – on judicial cooperation in criminal matters within the Union[1] and Article…
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Continue reading →: Section 2. A look at the surface: it is not an adequacy decision, but it establishes adequacy
(Section 2 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) One of the fundamental issues concerning agreements such as the one in the present case is how do these agreements relate to the concept of “adequacy finding” for the purposes of…
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Continue reading →: Section 3. An interference of “a not insignificant gravity”: systematic, transforming all passengers into potential suspects and amounting to preemptive policing
(Section 3 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) In order to answer the first question raised by the Parliament in the proceedings before the Court – whether the Agreement complies with EU Primary law, and in particular with Articles…
Hello,
I’m Gabriela
Welcome to pdpecho, my blog about personal data protection and privacy. Here, I have been accompanying my passion for this field with thoughts and writing throughout the years, pushing the boundaries of data protection law and hoping to explain its beauty and value to the world. Opinions here are strictly mine, so is the writing (I never use LLMs to write).