Tag: EU

Simplification

We were warned this was coming at this year’s Computers, Privacy, and Data Protection, and now it’s really here. The data protection NGO Noyb reports that a leaked internal draft (PDF) of the European Commission’s Digital Omnibus threatens to undermine the architecture the EU has been building around data protection, AI, cybersecurity, and privacy generally. At The Register, Connor Jones summarizes the changes; Noyb has detail.

The EU’s workings are, as always, somewhat inscrutable to outsiders. Noyb explains that the omnibus tool is intended to allow multiple laws to be updated simultaneously to “improve the quality of the law and streamline paperwork obligations”. In this case, Noyb argues that the European Commission is abusing this option to fast-track far more substantial and contentious changes that should be subject to impact assessments and feedback from other EU institutions, as well as legal services.

If the move succeeds – the final draft will be presented on November 19 – Noyb believes it could remove fundamental rights to privacy and data protection that Europeans have been building for more than 30 years. Noyb, European Digital Rights, and the Irish Council for Civil Liberties have sent an open letter of objection to the Commission. The basic argument: this isn’t “simplification” but deregulation. The package would still have to be accepted by the European Parliament and a majority of EU member states.

As far as I can recall, business has never much liked data protection. In the early 1990s, when the first laws were being written, I remember being told data protection was a “tax on small business”. Privacy advocates instead see data protection as a way of redressing the power imbalance between large organizations and individuals.

By 1998, when data protection law was implemented in all EU member states, US companies were publicly insisting that the US didn’t need a privacy law in order to be in compliance. Companies could use corporate policies and sectoral laws to provide a “layered approach” that would be just as protective. When I wrote about this for Scientific American in 1999, privacy advocates in the UK predicted a trade war over this, calling it a failure to understand that you can’t cut a deal with a fundamental right – like the First Amendment.

In early 2013, it looked entirely possible that the period of negotiations over data protection reform would end with rollback. GDPR was the focus of intense lobbying efforts. There were, literally, 4,000 proposed amendments, so many that I recall being shown software written to manage and understand them all.

And then…Snowden. His revelations of government spying shifted the mood noticeably, and, under his shadow, when GDPR was finally adopted in 2016 and came into force in 2018, it expanded citizens’ rights and increased penalties for non-compliance. Since then, other countries around the world have used GDPR as a model, including China and several US states.

Those few states aside, at the US federal level data protection law has never been popular, and the pile of law growing around it – the Digital Services Act, the Digital Markets Act, and the AI Act – is particularly unwelcome to the current administration, which sees it as a deliberate attack on US technology companies.

In the UK the in-progress Data (Use and Access) Act, which passed in June, also weakened some data protection provisions. It will be implemented over the year to June 2026.

At its blog, the Open Rights Group argues that some aspects of the DUAA rest on the claim that innovation, economic growth, and public security are harmed by data protection law, a dubious premise.

Until this leak, it seemed possible that the DUAA would break Britain’s adequacy decision and remove the UK from the list of countries to which the EU allows data transfers. The rule is that to qualify a country must have legal protections equivalent to those of the EU. It would be the wrong way round if instead of the UK enhancing its law to match the EU, the EU weakened its law to match the UK.

There’s a whole secondary issue here, which is that a law is only useful if it’s enforced. Noyb actively brings legal cases to force enforcement in the EU. In the UK, privacy advocates, like ORG, have long complained that the Information Commissioner’s Office is increasingly quiescent.

Many of the EU’s changes appear to be aimed at making it easier for AI companies to exploit personal data to develop models. It’s hard to know where that will end, given that every company is sprinkling “AI” over itself in order to sound exciting and new (until the next thing comes along), if this thing comes into force you have to think data protection law will increasingly only apply to small businesses running older technology that can’t be massaged to qualify for exemption..

I blame this willingness to undermine fundamental rights at least partly on the fantasy of the “AI race”. This is nation-state-level FOMO. What race? What’s the end point? What does it mean to “win”? Why the AI race, and not the net-zero race, the renewables race, or the sustainability race? All of those would produce tangible benefits and solve known problems of long standing and existential impact.

Illustrations: A drunk parrot in a Putney garden (photo by Simon Bisson; used by permission).

Wendy M. Grossman is an award-winning journalist. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. She is a contributing editor for the Plutopia News Network podcast. Follow on Mastodon or Bluesky.

Deja news

At the first event organized by the University of West London group Women Into Cybersecurity, a questioner asked how the debates around the Internet have changed since I wrote the original 1997 book net.wars..

Not much, I said. Some chapters have dated, but the main topics are constants: censorship, freedom of speech, child safety, copyright, access to information, digital divide, privacy, hacking, cybersecurity, and always, always, *always* access to encryption. Around 2010, there was a major change when the technology platforms became big enough to protect their users and business models by opposing government intrusion. That year Google launched the first version of its annual transparency report, for example. More recently, there’s been another shift: these companies have engorged to the point where they need not care much about their users or fear regulatory fines – the stage Ed Zitron calls the rot economy and Cory Doctorow dubs enshittification.

This is the landscape against which we’re gearing up for (yet) another round of recursion. April 25 saw the passage of amendments to the UK’s Investigatory Powers Act (2016). These are particularly charmless, as they expand the circumstances under which law enforcement can demand access to Internet Connection Records, allow the government to require “exceptional lawful access” (read: backdoored encryption) and require technology companies to get permission before issuing security updates. As Mark Nottingham blogs, no one should have this much power. In any event, the amendments reanimate bulk data surveillance and backdoored encryption.

Also winding through Parliament is the Data Protection and Digital Information bill. The IPA amendments threaten national security by demanding the power to weaken protective measures; the data bill threatens to undermine the adequacy decision under which the UK’s data protection law is deemed to meet the requirements of the EU’s General Data Protection Regulation. Experts have already put that adequacy at risk. If this government proceeds, as it gives every indication of doing, the next, presumably Labour, government may find itself awash in an economic catastrophe as British businesses become persona-non-data to their European counterparts.

The Open Rights Group warns that the data bill makes it easier for government, private companies, and political organizations to exploit our personal data while weakening subject access rights, accountability, and other safeguards. ORG is particularly concerned about the impact on elections, as the bill expands the range of actors who are allowed to process personal data revealing political opinions on a new “democratic engagement activities” basis.

If that weren’t enough, another amendment also gives the Department of Work and Pensions the power to monitor all bank accounts that receive payments, including the state pension – to reduce overpayments and other types of fraud, of course. And any bank account connected to those accounts, such as landlords, carers, parents, and partners. At Computer Weekly, Bill Goodwin suggests that the upshot could be to deter landlords from renting to anyone receiving state benefits or entitlements. The idea is that banks will use criteria we can’t access to flag up accounts for the DWP to inspect more closely, and over the mass of 20 million accounts there will be plenty of mistakes to go around. Safe prediction: there will be horror stories of people denied benefits without warning.

And in the EU… Techcrunch reports that the European Commission (always more surveillance-happy and less human rights-friendly than the European Parliament) is still pursuing its proposal to require messaging platforms to scan private communications for child sexual abuse material. Let’s do the math of truly large numbers: billions of messages, even a teeny-tiny percentage of inaccuracy, literally millions of false positives! On Thursday, a group of scientists and researchers sent an open letter pointing out exactly this. Automated detection technologies perform poorly, innocent images may occur in clusters (as when a parent sends photos to a doctor), and such a scheme requires weakening encryption, and in any case, better to focus on eliminating child abuse (taking CSAM along with it).

Finally, age verification, which has been pending in the UK ever since at least 2016, is becoming a worldwide obsession. At least eight US states and the EU have laws mandating age checks, and the Age Verification Providers Association is pushing to make the Internet “age-aware persistently”. Last month, the BSI convened a global summit to kick off the work of developing a worldwide standard. These moves are the latest push against online privacy; age checks will be applied to *everyone*, and while they could be designed to respect privacy and anonymity, the most likely is that they won’t be. In 2022, the French data protection regulator, CNIL, found that current age verification methods are both intrusive and easily circumvented. In the US, Casey Newton is watching a Texas case about access to online pornography and age verification that threatens to challenge First Amendment precedent in the Supreme Court.

Because the debates are so familiar – the arguments rarely change – it’s easy to overlook how profoundly all this could change the Internet. An age-aware Internet where all web use is identified and encrypted messaging services have shut down rather than compromise their users and every action is suspicious until judged harmless…those are the stakes.

Illustrations: Angel sensibly smashes the ring that makes vampires impervious (in Angel, “In the Dark” (S01e03)).

Wendy M. Grossman is the 2013 winner of the Enigma Award. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. She is a contributing editor for the Plutopia News Network podcast. Follow on Mastodon