Data and Privacy Matters: Legal Updates

December was yet another busy month in the world of data and privacy so join us in this month's episode of the Fieldfisher's Data & Privacy Matters podcast to get some insight into the key stories.

Join the team as Lorna Cropper, Chloe Abbott and Anna Rawlinson discuss the European Data Protection Board’s (EDPB) opinion regarding AI models and personal data processing including the considerations that must be assessed on a case-by-case basis, particularly when using legitimate interests as a foundation for AI development.

Lorna then turns to the EU's progress on the General Purpose AI Code of Practice, which guides AI providers on compliance with the AI Act. This draft involves several working groups, and the next iteration is expected soon, aimed at ensuring seamless intergrationand practicality.

Anna follows on with updates on the ICO's consultation series on generative AI including lawful bases for using web-scraped data, the necessity for transparency, and the importance of designing AI products with data protection in mind from the outset.

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With the EU's digital strategy advancing, it's clear that the GDPR cannot be looked at in isolation and its interplay with the EU AI Act, the EU Data Strategy and the Digital Services Package is something the EDPB wants to receive more consideration, which it flags in its response to the EU's second GDPR evaluation report.

The episode then covers the UK’s Data (Use and Access ) Bill, which proposes significant amendments to automated decision-making rules and multiple enforcement actions such as Italy's data protection regulator fining OpenAI €15 million for GDPR breaches and concludes with a discussion on Ofcom's new codes of practice aimed at addressing illegal online content under the UK's Online Safety Act.

Sources of the news discussed:

EDPB