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On 6 October 2023, the Information Commissioner’s Office (ICO), the UK’s data protection regulator, issued a preliminary enforcement notice against Snap Inc. and Snap Group Limited over “a potential failure to assess the privacy risks posed by its generative AI chatbot ’My AI.’” The ICO’s investigation provisionally found that Snap “failed to adequately identify and assess the risks to several million ‘My AI’ users in the UK,” including children between the ages of 13 and 17. This preliminary enforcement notice follows the...

On 11 July 2023, the Dutch Senate (Eerste Kamer) adopted a bill on the criminalisation of obtaining, distributing or otherwise making available personal data for the purpose of intimidation (strafbaarstelling gebruik persoonsgegevens voor intimiderende doeleinden), an activity known as “doxing”. This is where personal data, such as addresses and phone numbers, as well as private information about family members, is distributed online so that it can be used to intimidate someone, and journalists are often victims. Notably, recent Dutch government measures introduced to protect the safety...

On 14 September 2021, the Irish Supervisory Authority (SA) started an “own volition inquiry” procedure as regards TikTok Technology Limited (hereafter: TikTok). It addressed, in particular, the processing of users’ (children aged between 13 and 17) personal data in connection to certain design practices, as well as issues relating to access to the platform for children under the age of 13. The Draft decision issued by the Irish SA (the Leading SA – “LSA”) triggered objections from its counterparts, namely the Italian and German SAs (the Concerned SAs –...

The Digital Services Act Implementation Bill was published on 14 July 2023. It provides for the national implementation in the Netherlands of the EU’s landmark Digital Services Act (DSA), which entered into force in late 2022 (see, for example, IRIS 2023-3:1/18 and IRIS 2023-5:1/2). Crucially, the Bill designates the Autoriteit Consument & Markt (Netherlands Authority for Consumers and Markets – ACM) as the national Digital Services Coordinator in the Netherlands under the DSA. In addition, the bill designates the Autoriteit Persoonsgegevens (Dutch Data Protection Authority –...

In a ruling of 6 June 2023, the Bundesgerichtshof (Federal Supreme Court – BGH), the highest German civil court, examined the boundaries of film and photo-based reporting with victim protection in mind. It decided that public-service broadcaster Zweites Deutsches Fernsehen (ZDF) had exceeded the limits of permissible reporting in a television programme broadcast in 2018 concerning two child abduction cases dating back to 1981 and 1980 by showing in particular letters and photographs of the abducted children, and playing audio recordings. Although there was high public interest in...