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Claire Murphy

1. Introduction

The Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law has been concluded by the Council of Europe (CoE) Committee on Artificial Intelligence on March 24, 2024, finally landing a decisive blow with a provisional agreement on the text of a treaty on artificial intelligence and human rights (Treaty).

This Treaty is the first of its kind and aims to establish basic rules to govern AI that safeguard human rights, democratic values and the rule of law among nations. As a CoE treaty, it is open for ratification by countries worldwide. It is worth noting that in this epic battlefield, apart from the CoE members in one corner of the global arena, on the opposite corner, representing various nations like the US, the UK, Canada and Japan, we have the observers, eyeing the proceedings, ready to pounce with their influence. Although lacking voting rights, their mere presence sends shockwaves through the negotiating ring, influencing the very essence of the Treaty.Continue Reading Heavyweight Fight, Did the US or EU KO the AI Treaty?

The Spanish Data Protection Authority (AEPD) has issued a set of guidelines on the use of biometric systems for access and employee attendance control defining the criteria for using these systems (and the measures to be considered in the context of these processing activities) in compliance with the General Data Protection Regulation (GDPR).Continue Reading The Spanish DPA’s Restrictive Approach to Processing Biometric Data for Access and Attendance Control

On December 8, 2023, after some intense rollercoaster rides, the European Union (EU) institutions reached a political agreement on the EU Artificial Intelligence Act (EU AI Act). The compromises reached after sleepless nights still need to find their way into a final text (and this one might only be available after the holiday season), but

With the trilogues on the draft EU AI Act entering what is probably their final phase and the idea that procuring AI cannot be done lightly spreading, organizations are often confronted with hard choices, including on how to source AI responsibly and protect against liabilities with an uncertain developing legal framework. Contractual language is one

The regulation of artificial intelligence (AI) has been a hot topic in recent months, fueled by the disruption caused by Generative AI  and the privacy and security concerns it raised. Numerous regional and national initiatives around the globe are part of a race to define a regulatory approach with many challengers (ethical use, product safety, risk-based, human-centered) and no clear winners. What is certain, however, is that even within the EU Commission itself, many want to trophy AI regulation. Here is a brief roundup of the main four contenders.
Continue Reading The EU Approach to AI Regulation: Texts That Generative AI  Will Not Come Up With

The Spanish data protection and e-commerce legislation has been recently amended in order to, on the one hand, redefine the nature of the process to issue reprimands to data controllers and processors (so that reprimands are removed from the list of sanctions resulting from infringement of the regulations) and, on the other hand, relax the

Article 80 (2) of the General Data Protection Regulation (GDPR) provides that Member States can entitle properly constituted not-for-profit bodies, organizations or associations that have statutory objectives which are in the public interest, and are active in the field of the protection of data subjects’ rights and freedoms, with the right to lodge complaints with