AI

Hamburg DPA Launches GDPR Discussion Paper on Personal Data in LLMs

AI, EU law, GDPR |

The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) has issued a discussion paper on the application of GDPR to Large Language Models (LLMs). It asserts that LLMs do not store personal data and thus do not constitute data processing under GDPR Article 4(2). However, any personal data processed within LLM-supported AI systems must comply with GDPR, particularly regarding output. The paper stresses that training LLMs with personal data must adhere to data protection laws, though violations during training do not impact the model’s lawful use in AI systems.

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EDPB issued a statement on the role of data protection authorities (DPAs) in enforcing the AI Act

AI, EDPB, EU law |

The European Data Protection Board (EDPB) has adopted a statement emphasizing the need for Data Protection Authorities (DPAs) to act as Market Surveillance Authorities (MSAs) under the EU AI Act. DPAs, with their expertise in AI’s impact on fundamental rights, are well-suited for supervising AI systems, particularly high-risk ones related to law enforcement and democratic processes.

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EDPS and AEPD Insights into Challenges of Neurodata Processing for Privacy and Data Protection

EDPS and AEPD Insights into Challenges of Neurodata Processing for Privacy and Data Protection

AI, DPA guidance, EDPB, EU law, GDPR, Neurodata |

On 27 June 2024, the Spanish Data Protection Agency (AEPD) and the European Data Protection Supervisor (EDPS) published a joint report on neurodata processing. Neurodata, defined as information gathered from the brain and nervous system, includes brain activity, structure, and function data. The report warns of significant privacy risks, especially with the rise of neurotechnologies in marketing and entertainment. It proposes the creation of new “neurorights” and emphasizes stringent data protection principles, including proportionality and transparency, to address the invasive nature of neurodata.

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