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Category: GDPR

GDPR

Using AI in recruitment: Recommendations for business owners

The ICO has published recommendations for business owners on using AI in recruitment processes lawfully and ethically.   Artificial intelligence (AI) is transforming recruitment by saving time and improving efficiency for businesses of various sizes and across industries. Businesses are using AI tools to source potential candidates, summarize CVs, as well as score applicants. However,

Aphaia offers a presentation about the Gigabit Infrastructure Act at FOAN 2024

Aphaia’s Managing Partner Cristina Contero Almagro offered a presentation about the new Gigabit Infrastructure Act at the 12th International Workshop on Fiber Optics in Access Networks (FOAN), which took place in Athens on 29 and 30 October.   The new Gigabit Infrastructure Act (GIA) entered into force in May 2024 and will be applicable in November 2025.

ePrivacy Directive Article 5(3): Device Tracking and User Consent

Understanding Article 5(3) of the ePrivacy Directive and its Implications on Device Tracking and User Consent   The ePrivacy Directive, specifically Article 5(3), restricts the storage and access of information on users’ devices without their consent, except under specific conditions. This legislation plays a crucial role in protecting users from unauthorized storage and access to

Legitimate interest as a legal basis: Guidance from the EDPB

Controllers must ensure necessary, proportionate, processing which respects the rights of data subjects, ensuring GDPR compliance.   When processing personal data under the General Data Protection Regulation (GDPR), controllers must ensure that their actions are lawful. Specifically, if relying on Article 6(1)(f) of the GDPR, the processing must be based on a legitimate interest. This

CNIL fined Cegedim Santé €800,000 for unlawful processing of sensitive health data

CNIL imposed a €800,000 fine on Cegedim Santé for the unauthorized and unlawful processing of sensitive health data.   In 2021, Cegedim Santé, a company specializing in management software for general practitioners and health centers, came under scrutiny from the French data protection authority, CNIL. The company provides software to around 25,000 medical practices and

Clearview AI faces a punishment from Dutch DPA for Illegal Facial Recognition Data Collection

Clearview AI faces a punishment of 30.5 million euros from the Dutch DPA for Illegal Facial Recognition Data Collection.   Clearview AI faces a punishment of 30.5 million euros from the Dutch Data Protection Authority (AP) and up to 5 million euros in penalty payments. The US based company provides services using its facial recognition

EU AI Act Enforcement Overview

Penalties will be imposed by Member States under the EU AI Act, with the support of various authorities and bodies including an AI Board, AI Office, Advisory Forum and Scientific Panel.    The EU AI Act establishes a comprehensive framework for regulating Artificial Intelligence (AI) in the European Union. The regulation aims to ensure that

Transparency obligations under the EU AI Act

Under the EU AI Act, what are transparency obligations imposed upon organisations, and what requirements and implications do these obligations carry?   The EU AI Act aims to regulate the development and use of AI in the EU. One of the key elements of the proposed Act is the requirement for transparency. This means that

High risk AI and the EU AI Act

What AI systems fall under the “high-risk” category and what requirements do they need to comply with under the EU AI Act?    The European Union Artificial Intelligence (AI) Act, officially approved by the Council of Ministers through a voting process in May 2024, is a landmark piece of legislation that will have a profound

Data Protection and AI chatbots: Advice from the ICO

Following an investigation into the technology company Snap Inc, the ICO has published data protection advice with the use of AI chatbots.   Lately, it has become increasingly common for businesses and organisations to offer the option of an AI chatbot for website visitors and app users. Whether it be a social media chatbot, or