David Erdos | Lightnews

David Erdos @daviderdos.bsky.social · 2d

In contrast to its heavy reliance on C-252/21 Bundeskartellamt (2023) when pushing "pay or consent", @iconews has not made any mention of Land Hessen or the line of cases law emphasising the mandatory duty of "strong enforcement" under #GDPR which proceeded it.

David Erdos @daviderdos.bsky.social · 2d

(ii) “the processing of personal data by the controller thereof in compliance with that regulation is ensured”, and (iii) “such non-exercise on the part of the supervisory authority is not liable to undermine the requirement of strong enforcement of the rules”.

David Erdos @daviderdos.bsky.social · 2d

C-768/21 Land Hessen (2024) found “exercise of a corrective power” should always follow infringement except on a truly exceptional basis and even then only (i) “provided that the situation in in which the GDPR was infringed has already been made good” ...

David Erdos @daviderdos.bsky.social · 2d

Such an "advise and persuade" approach has been widely criticised within the regulatory literature and lacks empirical support. Treating use of formal corrective powers as an exceptional act is also strongly contrary to the guarantees set down in the #GDPR.

David Erdos @daviderdos.bsky.social · 2d

Following many egregious Government #dataprotection breaches over the past few years it's v disappointing to see ICO-Government MoU doubles-down on the ICO's flawed "public sector approach" which "priortises enagement" rather than corrective powers use: ico.org.uk/media2/m15nb...

David Erdos @daviderdos.bsky.social · Dec 11

Neglect of unique #Commonwealth collection never ceases to amaze! The old CW Institute was told not to give items to ailing Museum but did www.theguardian.com/uk/2002/nov/..., +140 Museum items were then illegally sold bbc.co.uk/news/uk-engl... before closure & now... www.bbc.co.uk/news/article...

Hundreds of items taken in high-value Bristol Museum archive raid

More than 600 artefacts from the museum's British Empire and Commonwealth collection are taken.

www.bbc.co.uk

David Erdos @daviderdos.bsky.social · Nov 24

With no investigation even of Afghan #databreach despite grave risk to c100K & just 2 UK #GDPR fines in 24/25, I'm proud to join 70+ orgs & experts call on Commons Sci & Tech Committee, which oversees the ICO, to investigate #dataprotection enforcement probs www.openrightsgroup.org/press-releas...

70+ organisations and experts demand action over failing ICO

Over 70 civil society organisations, academics and data protection experts have urged the Chair of the Select Committee for Science Information and Technology to open an inquiry into the collapse in e...

www.openrightsgroup.org

Open Rights Group @openrightsgroup.org · Nov 24

The final straw – the Information Commissioner's Office has decided NOT to investigate the Afghan data leak. It's time to investigate them!

Over 70 organisations and experts back ORG's call for an inquiry into the regulator's chronic failure to enforce data law.

www.theguardian.com/technology/2...

Civil liberties groups call for inquiry into UK data protection watchdog

Campaigners including Good Law Project describe ICO ‘collapse in enforcement activity’ after Afghan data breach

www.theguardian.com

Good Law Project @goodlawproject.bsky.social · Nov 24

What’s happened to the ICO’s enforcement regime?

We’ve signed @openrightsgroup.org’s letter calling for an inquiry after the data regulator declined to formally investigate the MoD over the Afghan data breach.
https://bit.ly/48gc9ZZ

Civil liberties groups call for inquiry into UK data protection watchdog

Campaigners including Good Law Project describe ICO ‘collapse in enforcement activity’ after Afghan data breach

www.theguardian.com

Lukasz Olejnik @lukaszolejnik.bsky.social · Nov 20

A teddy bear equipped with AI was meant to be a child’s chat companion, but it eagerly jumped into topics like BDSM and “where to find knives.” The manufacturer stopped sales and cut off access. AI toys need strict filters, testing, and oversight or ot ends in a plush sewer. #AIact #GDPR

Chris Marsden @chrismarsden.bsky.social · Nov 16

"Munich regional court sided in favour of Germany’s music rights society GEMA, which said ChatGPT had harvested protected lyrics by popular artists to “learn” from them" Paying for the lack of respect and permission
www.theguardian.com/technology/2...

ChatGPT violated copyright law by ‘learning’ from song lyrics, German court rules

OpenAI ordered to pay undisclosed damages for training its language models on artists’ work without permission

www.theguardian.com

David Erdos @daviderdos.bsky.social · Nov 15

Good to give input on @AJEnglish piece on barriers to #Trump action against #BBC. US #defamation law shields speech about public officials unless can show publisher knew was false or showed a reckless disregard for this. BBC is clear was unintentional. x.com/AJEnglish/st...

Al Jazeera English on X: "Would Trump’s $1bn lawsuit against the BBC hold up in court? https://t.co/QczYzdg6L9 https://t.co/sPOoIiduda" / X

Would Trump’s $1bn lawsuit against the BBC hold up in court? https://t.co/QczYzdg6L9 https://t.co/sPOoIiduda

x.com

David Erdos @daviderdos.bsky.social · Nov 14

The PAC's findings raise further Qs about about the lack of ICO investigation or any formal regulatory action (even a mere reprimand) in response to this egregious #databreach which clearly arose from a long period of #dataprotection practices in grave violation of UK #GDPR.

David Erdos @daviderdos.bsky.social · Nov 14

The Committee is also clear that even now the MoD "has not done enough to stop future similar incident": committees.parliament.uk/committee/12... The cost of these errors, even only financially, dwarfs any impact which early and dissuasive use of penalties by ICO would have entailed.

Afghan data breach: MoD has not done enough to stop future similar incident, PAC warns - Committees - UK Parliament

The Public Accounts Committee (PAC) is not confident that the MoD has done enough to reduce the risk of future incidents like the 2022 Afghan data breach.

committees.parliament.uk

David Erdos @daviderdos.bsky.social · Nov 14

Alongside grave individual impact, Public Accounts Committee finds that Afghan #spreadsheet #databreach will likely cost c£850m & arose within a context where the MoD "did not do enough to learn the lessons from previous data breaches" reported to ICO committees.parliament.uk/committee/12...

Luis Alberto Montezuma 路易斯·阿尔贝托·蒙特祖玛 @montezumachavez.bsky.social · Nov 7

The Commission will introduce the Digital Omnibus on November 19, simplifying of the implementation of AI Act.

Here's the text shared by netzpolitik.org:
lnkd.in/dCTW36pS.

Markus W. Gehring @mwgehring.bsky.social · Nov 3

Fantastic lecture by @ukandeu.bsky.social Prof @anandmenon.bsky.social for the annual @eulegalstudies.bsky.social Mackenzie Stuart Lecture @cambridgelaw.bsky.social, chaired by Prof @cbarnard.bsky.social reflecting on the 2015 general election and inequality in the run up to the Brexit.

David Erdos @daviderdos.bsky.social · Oct 31

Disappointing to see that the UK ICO has declined to submit any evidence to the Commons Defence Committee Inquiry into the circumstances behind, and consequences of, the #Afghan #spreadsheet #databreach, the most serious ever in UK public sector history: committees.parliament.uk/work/9327/af...

Afghan Data Breach and Resettlement Schemes - Committees - UK Parliament

This inquiry will examine the circumstances behind and the consequences of a major data breach in February 2022 from the Ministry of Defence. The breach involved the personal data of thousands of Afghan applicants for resettlement to the UK and their families, potentially putting these people at risk of reprisals. The inquiry aims to understand how this breach could have been allowed to happen, and, once it had happened, whether successive Governments took well-informed and sensible decisions under cover of an unprecedented super-injunction. The inquiry will also examine the Government’s wider arrangements for the resettlement of eligible Afghans in the UK. While lived experience can inform the Committee's work, please be aware that the Committee does not consider or assist with individual cases.

committees.parliament.uk

Paul F Scott @paulfscott.bsky.social · Oct 30

committees.parliament.uk/committee/24...

Michael Froomkin @mfroomkin.bsky.social · Oct 30

1984: We're behind schedule.

Couple sues because NYPD aims cameras into their bedroom and living room, perhaps due to their history of activism.

I hope they win but the precedents are mixed.
www.law360.com/cybersecurit...

NYC Sued Over 'Voyeuristic' Police Surveillance System - Law360

A Brooklyn couple has filed a federal lawsuit alleging New York City uses a "voyeuristic" police surveillance system on all visitors and residents, which includes two police cameras that are aimed at ...

www.law360.com

David Erdos @daviderdos.bsky.social · Oct 30

Beyond #Afghan #databreach, the UK ICO faces increased scrutiny due to need to renew #dataprotection #adequacy. The European DP Board is urging much greater scrutiny of the robustness of its complaints handling & effectiveness of UK #GDPR sanctions and remedies: www.edpb.europa.eu/system/files...

David Erdos @daviderdos.bsky.social · Oct 29

The ICO claim #UKGDPR complaints are arising "as people become more aware of their #dataprotection rights" & now propose to refuse investigation of many of these. In fact, complaints have been stable since #GDPR & but with ↓↓ regulatory action by ICO have ↑ since 2023: inforrm.org/2025/10/28/c...