Post-Brexit EU businesses have needed to rethink how they approach showing compliance with a host of regulations, managing international data transfers and building trust with data subjects. Having to comply with the GDPR, prepare for other data protection bills, all while continuing to comply with the EU-GDPR as well as a host of global regulations means businesses might look to certification as a common system for adequacy as a one-stop shop, when addressing the overlaps and more crucially closing the gaps on their privacy compliance programs.
Featured speakers:
Noshin Khan, Senior Compliance Counsel, Ethics Center of Excellence, OneTrust
This panel session will focus on the growing concern over the ethical use of Artificial Intelligence (AI) and its impact on privacy. The panelists will discuss the role of accountability in developing responsible AI practices and the potential risks of AI systems when not properly regulated. They will also explore the importance of transparency and the need for data privacy regulations in the development and deployment of AI technologies. The session will provide insights into best practices for AI governance and how organizations can ensure the ethical use of AI while still benefiting from its potential.
The UK – US “Data Bridge,” AKA the UK Extension to the EU – US Data Privacy Framework (Framework), allows UK organisations to transfer personal data to organisations located in the United States that have self-certified their compliance with certain data protection principles and appear on the Data Privacy Framework List. This scheme, administered by the US Department of Commerce, provides a redress mechanism for data subjects in the European Union to enforce their rights under the EU General Data Protection Regulation, in relation to a participating US organisation’s compliance with the Framework, and to US national security agencies’ access to personal data. This new redress mechanism attempts to prevent a challenge to the Framework similar to the Schrems II case, which invalidated the Framework’s predecessor EU – US Privacy Shield. Despite this, the Framework has already been the subject of a short-lived case at the Court of Justice of the EU, and there may be more legal challenges.
Alongside the adequacy regulations, the UK government published an analysis of the US laws relating to US national security agencies’ access to the personal data of European data subjects. This analysis effectively completes the international datatransfer risk assessment (TRA), which UK organisations have been required to carry out before transferring personal data to the US. It is likely that UK organisations relying on the other Article 44 UK GDPR safeguards, such as the International Data Transfer Agreement, may also rely on this analysis in place of completing a TRA.
August may be perceived as the month where France shuts down for the summer. Yet, just before the summer ’23 holiday, the French Data Protection Authority (“CNIL”) published several call to action for the various players of the data ecosystems in general and in artificial intelligence (AI) in particular, following its 16 May 2023 announcement of an AI action plan:
Opening and re-use of publicly accessible data– The CNIL published a draft guidance on the such data usage, and all stakeholders are invited to weight in until 15 October 2023 before its finalization. While non-binding, this guidance is expected to lead the way on how the EU’s Supervisory Authority will apprehend and enforce the General Data Protection Regulation (“GDPR”) when personal data is scraped from online sources and subsequently used for subsequent purposes. This notably focuses on Art. 14 GDPR and the indirect collection of personal data and specific prior information requirements. Artificial Intelligence is explicitly mentioned by the CNIL in the draft, as such data, which feeds large-language models, “undeniably contributes to the development of the digital economy and is at the core of artificial intelligence.” Stakeholders are invited to submit their observations online through the dedicated portal.
Artificial Intelligence Sandbox – Following in the footsteps of its connected cameras, EdTech & eHealth initiatives, the CNIL is launching an AI sandbox call for projects, where stakeholders involved in AI in connection with public services may apply to receive dedicated assistance by the regulator to co-construct AI systems complying with data protection and privacy rules.
Creation of databases for Artificial Intelligence uses – Open to the broadest possible array of stakeholders (including individuals), this call for contributions notably addresses the specific issue relating to the use of publicly accessible data and aims at informing the CNIL of the various positions at play and how to balance GDPR’s requirements (information, legitimate interests, exercise of rights) with data subjects’ expectations. Stakeholders are invited to submit their observations online through the dedicated form (in French – our free translation in English is available below)- no deadline for submission has been set.
In this webinar, our lawyers discuss generative artificial intelligence (AI). Fast paced growth in generative AI is changing the way we work and live. With such changes come complex issues and uncertainty. We will address the legal, policy and ethical risks, mitigation, and best practices to consider as you develop generative AI products and services, or use generative AI in the operation of your business.
With Annette Becker, Guillermo Christensen, Whitney McCollum, Jilie Rizzo, and Mark Wittow
If you were not able to join last Tuesday, you can watch the replay below:
Claude-Étienne Armingaud, CIPP/E, Partner, Data Protection Privacy and Security Practice Group Coordinator, K&L Gates LLP
Air Date: Wednesday 14 June at 1 pm ET / 10 am PT. Replay on demand available here!
Description
Gartner predicts that by the end of 2024, 75% of the world’s population will have its personal data covered under modern privacy regulations. This exponential increase from only 10% global coverage in 2020 raises the stakes for global organizations. The challenge will be to ensure compliance, while safeguarding trust for an unprecedented volume of regulated data.
Join the upcoming live Q&A to learn what’s driving this expansion and how to prepare. You’ll hear from Zelda Olentia, Senior Product Manager at RadarFirst, and special guest, Claude-Etienne Armingaud who is a partner at K&L Gates LLP and a coordinator for the Firm’s Data Protection, Privacy, and Security practice group.
In this session we will cover:
→ What is driving the expansion of privacy regulation?
→ Where are we on this path towards 65% global coverage?
→ How do you scale privacy operations for international privacy laws quickly and effectively before year-end 2024?
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