It’s always interesting, following IT Law. Imagine following, or in my case, writing, a newsletter in another field of law -say for the sake of example, Roman Law- tediously boring, and I mean this in the nicest way possible. It really puts things into perspective. So, welcome to another week here at the Weekly.
🤖 Artificial Intelligence
In a first-of-its-kind decision, the Beijing Internet Court recognised the copyright of an image created using AI software, “Stable Diffusion”, by plaintiff Li. He creatively inputted specific prompts to generate an artwork, which was then used without permission by defendant Liu. The court’s verdict hinged on the idea that intellectual investment in selecting and arranging prompts constitutes original creative work, deserving of copyright protection. The ruling reinforces the idea that as technology evolves, the spirit of copyright law remains: to encourage creative endeavors. And to add a touch of courtroom wit: It seems even in the age of AI, the pen (or, in this case, the prompt) might still be mightier than the sword?
🔏 Data Protection & Privacy
The Council adopted the Data Act. (After the EP, remember?) The EU’s Data Act introduces rules for fair access to and use of data, aiming to balance the digital economy. It allows users to access and reuse data generated by their devices and services, enhancing control for both individuals and businesses. The regulation addresses data sharing, trade secrets protection, and sets standards for data interoperability. Scheduled for implementation 20 months after its publication, it seeks to streamline data portability and safeguard against unfair data practices. Sell it well did you?
noyb filed a GDPR complaint against Meta over “pay or okay”. The “pay or okay” model is where users of Meta are offered a stark choice: pay for ad-free usage or consent to personal data processing for tailored advertising. noyb argues this model tramples on users’ rights under GDPR, particularly for those financially strapped, like the complainant who’s juggling unemployment assistance and debt. Meta’s market dominance and the lack of realistic alternatives intensify the issue. The complaint suggests Meta’s model forces users into a corner, violating the principles of voluntary and informed consent. It’s an intricate dance of legal arguments where noyb is essentially accusing Meta of turning fundamental rights into luxury items, only accessible to those who can pay the price. Ah, where have we heard that before?
The French Data Protection Authority, CNIL, published recommendations on API usage for data sharing is a significant cue for both public and private sectors. It emphasizes the security benefits of APIs, while underscoring the importance of best practices in their deployment and usage for data sharing. This recommendation, covering all types of data sharing via APIs, aims to balance efficient data transmission with data protection concerns. It’s not legally binding but serves as a crucial guideline for organizations navigating the complexities of API-based data sharing. In the legal tech world, it’s like the CNIL is setting the stage rules for a high-tech data-sharing ballet, ensuring everyone knows their steps!
The Norwegian Data Protection Authority (Datatilsynet) issued a formal notice of a substantial 20 million NOK fine and several directives to the Norwegian Labour and Welfare Administration (NAV). This decision follows an inspection revealing serious lapses in NAV’s information security protocols within their IT systems, particularly in managing sensitive personal data. The Datatilsynet’s findings highlight deficiencies in NAV’s compliance with data protection regulations, underscoring the importance of robust data governance in handling extensive personal information. Given NAV’s pivotal role in Norwegian public welfare, the Authority’s actions emphasize the critical need for stringent data security in public institutions. This is your reminder that even major government agencies must strictly adhere to the steps of data protection law.
🛒 E-Commerce & Digital Consumer
The European Commission launched the latest tool in the transparency toolkit: the Digital Services Terms and Conditions Database. Launched as part of the Digital Services Act (DSA), this database is a treasure trove of terms and conditions from a variety of online platforms, including social media and app stores. It’s designed to be a one-stop resource for users, regulators, and researchers, allowing them to monitor compliance with digital regulations and track changes in service terms. end of promotion The database currently has 790 entries and uses an automated system to update and flag changes. So, in a nutshell, this database is like a magnifying glass for the fine print of the digital world.
The Commission sent a request for information to Meta under the DSA. The Commission’s inquiry zeroes in on Meta’s compliance strategies, particularly regarding the protection of minors on Instagram. This includes scrutinizing measures against the spread of self-generated child sexual abuse material and examining Instagram’s recommender system for potentially harmful content. The Commission looks to be snapping pictures of compliance and expecting a picture-perfect response.
📄 Recommended Readings
Here’s a couple –in no particular order– of recent publications that piqued my interest this week. Remember to grab a cuppa and settle in for some riveting reading.
Legitimate Interest is the New Consent – Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls by Victor Morel, Cristiana Santos, Viktor Fredholm & Adam Thunberg
A Systematic Content Analysis of Innovation in European Competition Law by Thibault Schrepel
Disclaimer: I am in no way affiliated with the authors or publishers in sharing these, and do not necessarily agree with the views contained within. I try to include mostly open access publications due to, well you know, accessibility of knowledge and science.
If you have any thoughts or suggestions on how to make this digest more enjoyable, feel free to drop a line. Your feedback is always welcome!
Featured image generated using DALL·E 3.
