BRUSSELS, Nov 10 (Reuters) - Privacy activists say
proposed changes to Europe's landmark privacy law, including
making it easier for Big Tech to harvest Europeans' personal
data for AI training, would flout EU case law and gut the
legislation.
The changes proposed by the European Commission are part of
a drive to simplify a slew of laws adopted in recent years on
technology, environmental and financial issues which have in
turn faced pushback from companies and the U.S. government.
EU antitrust chief Henna Virkkunen will present the Digital
Omnibus, in effect proposals to cut red tape and overlapping
legislation such as the General Data Protection Regulation, the
Artificial Intelligence Act, the e-Privacy Directive and the
Data Act, on November 19.
According to the plans, Google, Meta Platforms ( META )
, OpenAI and other tech companies may be allowed to use
Europeans' personal data to train their AI models based on
legitimate interest.
In addition, companies may be exempted from the ban on
processing special categories of personal data "in order not to
disproportionately hinder the development and operation of AI
and taking into account the capabilities of the controller to
identify and remove special categories of personal data".
"The draft Digital Omnibus proposes countless changes to
many different articles of the GDPR. In combination this amounts
to a death by a thousand cuts," Austrian privacy group noyb said
in a statement.
Noyb is known for filing complaints against American
companies such as Apple ( AAPL ), Alphabet and Meta that have
triggered several investigations and resulted in billions of
dollars in fines.
"This would be a massive downgrading of Europeans' privacy
10 years after the GDPR was adopted," noyb's Max Schrems said.
European Digital Rights, an association of civil and human
rights organisations across Europe, slammed a proposal to merge
the ePrivacy Directive, known as the cookie law that resulted in
the proliferation of cookie consent pop-ups, into the GDPR.
"These proposals would change how the EU protects what
happens inside your phone, computer and connected devices," EDRi
policy advisor Itxaso Dominguez de Olazabal wrote in a LinkedIn
post.
"That means access to your device could rely on legitimate
interest or broad exemptions like security, fraud detection or
audience measurement," she said.
The proposals would need to be thrashed out with EU
countries and European Parliament in the coming months before
they can be implemented.