Big tech accountability? Read the backstory to today's policy debates here on Iptegrity.

Data Protection and Privacy

The protection of personal data and privacy is an area where the European Union is a global leader. In 2022, the US is looking at how to implement privacy legislation for online platforms, and the EU's General Data Protection Regulation (GDPR) is what they look to.

I wrote about the legislative journey of the GDPR in my book The Closing of the Net. The rapporteur was German Green lawyer, MEP Jan Albrecht. He had a tough time and ultimately produced a compromise that was not entirely satisfactory for either industry of citizen advocates.

But the undercurrent to privacy policy is all about surveillance, and nowhere more so, sadly, than in the UK. In 2022, the UK wants to force private platform providers to break encryption on communications between users. The policy battles around privacy did not stop with GDPR. They will continue for many years to come.

If you are interested in data protection policy and the genesis of the GDPR, you may like my book The Closing of the Net which discusses how the policy was influenced by State and non-State actors.

UK intelligence services have been taking advantage of gaps in the international rules to conduct bulk interception of Internet traffic. That practice came under scrutiny in the European Court of Human Rights, in a ruling that was released this week.

The case of Big Brother Watch and Others v the United Kingdom was brought to the Court by human rights activist groups who were concerned about the mass online surveillance being carried out by UK intelligence services. It has resulted in a ruling that lays out essential ground rules for protecting privacy.

Read more: UK bulk intercept surveillance - court ruling calls for tighter safeguards

The European Parliament today adopted a data protection package that is being described as 'historic' and monumental'. The new EU measures update data protection rules for the era of the Internet and social media, including the use of data by police and law enforcement. The hot buttons have been the transfer of data outside the EU - especially to the United States - and how the large digital corporations may exploit data for commercial purposes. For whose benefit is this law and how should we regard it?

Read more: EU 'historic' data protection rules highlight privacy paradox

"The Home Secretary says it is world leading. Not all people agree with that. Some think it is leading the world over a cliff". Not my words but those of David Anderson Q.C. speaking yesterday at a symposium on the Investigatory Powers Bill hosted by 25 Bedford Row barristers chambers.

The Investigatory Powers Bill comes up for scrutiny in Parliament tomorrow, as the British government tries to push it through before the end of the year. This is the controversial new law that will govern electronic surveillance. But legal experts, who are not usually given to emotive language, say the Bill is bad law, and nothing more than window dressing. From a public interest perspective, the government is rushing the Bill unnecessarily. How safe will our data be under the proposed regime? Will we fall over a digital cliff as the spooks get to play with our Internet connection records?

This report is my interpretation of the legal arguments presented at the 25 Bedford Row symposium on the Investigatory Powers Bill.

Read more: Investigatory Powers Bill - is it leading the world over a cliff?

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten.

I am a tech policy specialist, published author, post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. Currently working on UK Online Safety Bill.

Recent media quotes: BBC, iNews, Times, Guardian, Politico.  Panelist: IAPP,  CybersecuritySummit. Parliament and Internet. June 2022-July 2023 w/ Open Rights Group.

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