On ICT law, politics and other digital stuff
Amazon knows in extreme detail – thanks to the analysis of purchases – my interests and – thanks to the analysis of how I use my Kindle – my reading habits. Yet he sends me an email to suggest, on the basis of my profiling, to buy a book that I wrote.
If all a giant with a limitless computing might like Amazon is able to extract from my personal data is a suggestion to buy my own books either I’m not actually monitored or profiling just doesn’t work.
One of the most difficult task in the practical enforcement of the GDPR provisions is to find a fair balancement between the technicality of the legal language and the duty of simplicity settled by the data protection bylaws. Both the GDPR itself and the various “suggestions” coming from the various player are nothing more but a re-phrasing of the legal text, thus leaving the data controller as well as the data subject unable to have clear directions. Continue reading “The Holy Alliance Between GDPR and Consumer Law”
I do not understand the choice of some Personal Data Authorities to publicly anticipate the decision to fine a Data Controller instead of just doing it and then spread the news.
Indeed, many large companies are listed on the stock exchange or may suffer negative consequences from a simple announcement such as “we are thinking of fining…”. What happens, then, if the fine does not come or – worse – if it is cancelled following a judicial appeal? There will be a similar press-release that will say “we are deeply sorry, we were wrong, the judge turned us down?”
Now, if obviously it is not possible to ask for damages for the application (in good faith) of a fine then revoked by the judge, it is not automatically so for behavior that goes beyond the strict observance of the fining procedures.
Attention and care should be paid, therefore, to publicly anticipate decisions that are not definitive, especially without indicating the date when the appeal is no more allowed or the fact that the owner has challenged the fine in Court.
Special Lecture
Protecting Personal Information in the High-Tech Business
The impact of Privacy and Data Protection on the Japan/EU commercial relationships
Prof. Andrea MONTI ?Gabriele d’Annunzio ? University, Pescara
July 25, 2019 – 16:30-18:00
Asian Legal Exchange Plaza, Lecture Room 2
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For information and registration please contact Prof. Giorgio F. COLOMBO: colombo@law.nagoya-u.ac.jp
This lecture is supported by JSPS Kaken-hi Grant 17H00963
「複数国間の共通的知的財産制度及び関連法制度の研究」
The Los Angeles Police to open its historical archive of photos, some of which date back to 1925, taken by officers on duty: a unique opportunity to look at the American society and its evolution from the perspective of crime and those who fight it.
Fortunately, in the US, there is no rule similar to the GDPR’s distorted and forced interpretation that would prevent the publication of photographs like these.
The prevalence of the “right to history” over the processing of data of now deceased people – and not only – is an issue that I have dealt with extensively in Protecting Personal Information.
We must stop thinking that the sea of law is inhabited only by the GDPR and, above all, that the GDPR is the “biggest fish in the pond”.