Europe, which until now seemed one of the few champions of privacy, threatens to stop being so. The European Commission is preparing a “digital omnibus”, a package of measures that will theoretically be announced at the end of the month and that propose notable changes to current privacy regulations.
Why is it important. Draft documents obtained by Politico They are worrying. European Commission officials say these measures are intended to simplify many of the laws that regulate the technological field. The executive, they claim in this medium, insists that it is only cutting certain excessive rules through “targeted” amendments, but those drafts show disturbing changes.
A weak GDPR for a strong AI. The changes that, for example, will affect the General Data Protection Regulation (RGPD, or GDPR for its acronym in English) will be carried out with a singular objective: to benefit the developers of AI models.
The pillars crumble. Jan Philipp Albrecht, former member of the European Parliament and one of the architects of the GDPR, this spells the end of data protection and privacy that were pillars of the EU strategy. “The Commission should be fully aware that this is drastically undermining European standards.”
Is Europe left behind, so out of privacy? What is certain is that European economic power is losing relevance and that seems to have motivated these changes. Former Italian Prime Minister Mario Draghi mentioned the General Data Protection Regulation as an obstacle to European innovation in artificial intelligence in its historic report on competitiveness from last year.
But. The question, of course, is whether Europe really needs to sacrifice the privacy of its citizens in order not to be left behind in the technological field. When the EU released the first regulation on AI, the AI Acthe stuck out his chest precisely for applying an (overly) cautious approach. This provoked criticism that for months has caused some steps to be taken back in those so rigid goals.
Europe, technological pariah. The AI Act, the DMA and the GDPR have certainly caused the deployment of AI models and functions in the old continent to be blocked or delayed. Passed with Apple Intelligence and with Copilotfor example, but while Europe restricted the arrival of AI to users, in the US and China the deployment has been dazzling, total and without restrictions… for better and for worse. In fact, in the United States the philosophy of laissez faire is extraordinary, and companies even advocate for forget copyright laws.
Dangerous exceptions. These documents aim to create exceptions for AI companies that would allow them to process disturbing special categories of data such as religious or political beliefs, race or health data that could be used to train and operate their AI models. The definition of such types of data, which enjoy additional protections under privacy regulations, is expected to be redefined.
Anonymized data. Another objective seems to be defining what constitutes personal data. Thus, pseudo-anonymized data—with personal details opaque to prevent identification of a person—may not be subject to GDPR protections. This type of change would occur after the precedent of a recent ruling in that sense by the EU Court.
Cookie banners. Finally, the draft wants to reform annoying European rules about cookie banners by including a provision in the GDPR that would give website and app owners more legal grounds to justify tracking users beyond simply obtaining their consent. Once again, bad news for the privacy of European users.
Total uncertainty. The European Commission is expected to reveal its plans on November 19. Changes to the current drafts may be proposed during these days, however. Once this package of measures is presented, both EU member countries and legislators will have to approve it, something that is not certain either due to the great divisions that exist in terms of privacy between them. We are living it for example with the controversial Chat Controland these measures also go in that direction.
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