iiinova — where your digital self keeps evolving

Several of these holdings are concerning and, at the least, will need to be narrowly construed if a proper #reconciliation between #dataprotection and freedom of #expression consistent with the #EUCharter of Fundamental Rights is to remain possible. 6/6

000

4. Finally, it held that Article 85’s reference to freedom of expression in its totality did not empower Member States “on the basis of that provision” to adopt derogations beyond journalistic and similarly special expression. 5/6

100

3. It also held that even journalism could not be exempted from the #GDPR’s #remedies and liability provisions, which threatens to remove the #media exclusion in many States of DP Authority oversight & the limits or even prohibitions on pre-publication remedies. 4/6

100

2. Beyond existing case law, it further held that journalism only covered processing related to disclosure “in compliance with the rules and codes of conduct of the profession of journalist” and where “factual allegations” had been “verified so as to be sufficiently reliable” 3/6

100

1. Consistent with their lack of orientation towards a collective public (or society), the Court of Justice of the EU (CJEU) correctly indicated that databases like Lexbase did not fall within #GDPR Article 85’s concept of #journalism 2/6

100

C-199/24 Legal Newsdesk limits Freedom of Expression under the General Data Protection Regulation (GDPR)

Pleased to post a new working paper on C-199/24 Legal Newsdesk: papers.ssrn.com/sol3/papers.... This case explored the #GDPR position of Lexbase which, in return for payment, provides criminal & court judgment info from searches of those who had been subject to conviction in #Sweden 1/6

papers.ssrn.com

<p><i>C-199/24 </i>Legal Newsdesk<i> arose from the need to determine the position under the GDPR of a database which, in return for payment, provides both crim

121

David Erdos @daviderdos.bsky.social · 08/07/2026

Recruitment for the Chair of the new Information Commission will also begin next week. It is similarly vital that this person is demonstrably seen to commit to a accountable culture & governance model which delivers for individuals across #dataprotection & #FoI.

000

David Erdos @daviderdos.bsky.social · 08/07/2026

DSIT will launch an "independent review into the culture, accountability & governance" of @iconews. This must be broad-based, transparent & lead to an accountable culture focused on delivering on ICO primary monitoring & enforcement duties parliamentlive.tv/Event/Index/... UK #GDPR #FoI

parliamentlive.tv

Parliamentlive.tv

Science, Innovation and Technology Committee

132

David Erdos @daviderdos.bsky.social · 23/06/2026

An Inquriy should focus both on the awful impact on individuals & on its impact in degrading the ICO's ability to discharge its UK #GDPR & other duties. A fundamental reset under the new Information Commission is essential. More from @OpenRightsGroup at www.openrightsgroup.org/press-releas...

openrightsgroup.org

John Edwards resignation is opportunity to appoint a regulator with teeth

Open Rights Group has called for the Government to “appoint a regulator with teeth” following John Edwards’ announcement that he has resigned as Information Commissioner.

052

David Erdos @daviderdos.bsky.social · 23/06/2026

This was epitomised from the start by Edwards' announcement - without a jot of public consultation - of an extreme degrading of fines in the public sector. There is an clear need for an Inquiry looking into the functioning of ICO throughout his tenure. www.decisionmarketing.co.uk/news/ico-urg...

decisionmarketing.co.uk

ICO urged to 'come clean' after John Edwards jumps - DecisionMarketing

ICO urged to 'come clean' after John Edwards jumps. Minister Liz Kendall said she had seen evidence of vulgar and highly sexualised language

134

David Erdos @daviderdos.bsky.social · 23/06/2026

John Edwards is gone but the impact of domineering & abusive behaviour at @infocommission.bsky.social may remain. There are indications this led to good & well-motivated people leaving & more broadly to extreme difficulties in challenging a cavalier approach to #dataprotection regulation.

133

David Erdos @daviderdos.bsky.social · 22/06/2026

Applications close TODAY for #dataprotection & #commonlaw systems position @trinityhallcamb.bsky.social & CIPIL @cambridgelaw.bsky.social. Please apply if interested & able to research in this exciting and topical area! www.trinhall.cam.ac.uk/about/vacanc... #Australia #Canada #NZ #HongKong #UK

trinhall.cam.ac.uk

WYNG Research Associate in Data Protection and Common Law Systems - Trinity Hall Cambridge

000

Reposted by David Erdos

michael veale @michae.lv · 05/05/2026

‘Going to the cloud’: renting servers, or integration of deeply proprietary services? “both options go by the same name, and orgs often slide from the first into the second without realizing the fundamental difference, until it’s too late” @ccs.bsky.social www.tandfonline.com/doi/full/10....

tandfonline.com

Cloud drift: how hyperscaler cloud computing shapes internet governance

When the Foundation for Internet Domain Registration in the Netherlands (SIDN) announced plans to migrate to Amazon Web Services (AWS) in 2024, it sparked intense political debate about critical in...

1149

Reposted by David Erdos

Faculty of Law @cambridgelaw.bsky.social · 14/04/2026

📣We have issued a new @ssrn.bsky.social Legal Studies RPS (v16 #2) including articles by Timo Minssen, Mateo Aboy & Effy Vayena, Ira Chadha-Sridhar, @daviderdos.bsky.social and @mwgehring.bsky.social, Marie-Claire Cordonier Segger & Matheus Garcia: 🔗https://bit.ly/4tNFSm1 #LegalScholarship

Legal Studies Research Paper Series Vol. 17, No. 2

055

The Commonwealth's emerging self-idenity as a Global Bridge could have synergised well with Ireland's own self-identity as a Global Citizen. However, its adoption of a narrowly self-interested approach rendered this otiose and ensured the end of its informal external association.

000

Ireland’s Commonwealth disassociation primarily traces to the demise of a tangible Commonwealth citizenship and economic framework. At the same time, the Commonwealth experienced a substantial expansion in development cooperation & emerged as a significant North/South forum.

110

Although Ireland's Sterling break highlights that Europeanisation could be disruptive even here, new arrangements had generally been established with the UK, highlighting that the "ends" of Commonwealth association were always primarily focused on this special relationship.

100

Markus W. Gehring @mwgehring.bsky.social · 30/03/2026

New Article! In 1960 #Ireland enjoyed a strong, even if informal, external association with the Commonwealth in 1960 but by 1979 all significant #citizenship, #tariff, #monetary & #diplomatic arrangements were at an end: www.tandfonline.com/doi/full/10.... (also www.slideshare.net/slideshow/ir...)

111

Reposted by David Erdos

We must all start calling out the absurd breaches of international law by the current US Government- this one clearly breaches UN obligations but few seem to call it out: Judge never reconsidered working at ICC despite sanctions www.rte.ie/news/2026/03...

rte.ie

Judge never reconsidered working at ICC despite sanctions

Kimberly Prost, a Canadian judge sanctioned by the US, says she has never reconsidered working at the International Criminal Court, even though it has led to her being shut out from most of the intern...

174

David Erdos @daviderdos.bsky.social · 01/04/2026

In 5yrs since it left EU #dataprotection framework & then enacted Data (Use & Access) Act (DUAA), the UK has shifted to a more business friendly approach. But largely through solidifing a limited enforcement stance as substantive #GDPR change is rather limited papers.ssrn.com/sol3/papers....

001

David Erdos @daviderdos.bsky.social · 31/03/2026

On back of MPs letter about #TattleLife the UK ICO said it was investigating. But how can it regulate #onlineabuse when it failed to update its policy guidance for #GDPR despite saying it would do so for +5 yrs, then deleted this & now says it holds no info? More at inforrm.org/2026/03/31/e...

013

David Erdos @daviderdos.bsky.social · 19/03/2026

It's striking that, despite generally avoiding formal action to counter core violations of #dataprotection, this fine pivots around an alleged failure of #agegating since this matter is generally seen as under @ofcom.bsky.social's #OnlineSafetyAct's child protection jurisdiction 2/2

111

David Erdos @daviderdos.bsky.social · 19/03/2026

Although currently misfiled in the Information Commissioner's Office database as an enforcement notice, the ICO's £14.5M UK #GDPR fine against Reddit regarding an alleged failure of #agegating is now out: ico.org.uk/action-weve-... 1/2

110

David Erdos @daviderdos.bsky.social · 09/03/2026

Despite applying for membership in 1997, #Palestine is sadly absent from today's #Commonwealth Day. Not least given the British mandate origins of today’s tragedy, the C/w has a special responsibility which from 1967 to 1997 it did recognise. More at www.tandfonline.com/doi/full/10....

tandfonline.com

Palestine and the modern Commonwealth: past engagements and future membership?

All Commonwealth summit communiqués from the late 1960s through to the mid-1990s maintained a focus on the Palestinian conflict and highlighted approaches that could lead to its just resolution. Wh...

010

David Erdos @daviderdos.bsky.social · 09/03/2026

On #Commonwealth Day I'm pleased to reshare my new article on the history & current reality of C/w citizenship including how it might promote #business mobility, which is key to "unlocking prosperity together", this year's C/w theme: www.tandfonline.com/doi/full/10.... #multilateralism

tandfonline.com

Commonwealth citizenship: the decline and future of an amorphous concept

The post-War Commonwealth citizenship concept promised a post-imperial system of non-alien status and rights. Although the former Dominions maintained (and South Africa furthered) discriminatory po...

000

David Erdos @daviderdos.bsky.social · 23/02/2026

“Regulating #AI in a Changing World: #Oversight & #Enforcement”: Great to see video of Info Law & Policy Centre 2025 Conference keynote panel online. My talk focused on UK #dataprotection situation compared to #EU #GDPR experiences in #Italy & #Germany: lnkd.in/eNEeUEyW Summary notes below.

131

David Erdos @daviderdos.bsky.social · 19/02/2026

With over 40K #dataprotection complaints but just 2 fines totalling only £3.8m and no UK #GDPR enforcement notices in 2024/25, where has scrutiny and oversight of the ICO been? Pleased to post new working paper on this, also exploring avenues for positive intervention papers.ssrn.com/sol3/papers....

043

David Erdos @daviderdos.bsky.social · 17/02/2026

For more ideas on how deficiencies in monitoring and enforcing #UKGDPR might be tackled see my new working paper at papers.ssrn.com/sol3/papers.... 3/3

papers.ssrn.com

000

David Erdos @daviderdos.bsky.social · 17/02/2026

The ICO's discretion was limited to the "manner" in which a lawfulness assesment was carried out, not whether to do one: decisions.ombudsman.org.uk/decision?id=... Individuals with significant concerns which are only logged should therefore considering lodging a complaint with the Ombudsman. 2/3

100

David Erdos @daviderdos.bsky.social · 17/02/2026

The ICO's new policy to just "record" many UK #GDPR complaints is at serious odds with a @phsombudsman.bsky.social ruling from 11/2025 which held complainants had a right to "an assessment under section 165 of the DPA as to whether it is likely or unlikely that the processing" was lawful. 1/3

101

David Erdos @daviderdos.bsky.social · 10/02/2026

Here's my new open-access article providing first comprehensive #law & #policy analysis of #Commonwealth #citizenship from end of WW2 to the present, also looking at its proposed future as a mechanism to faciliate short-term esp. #business mobility: www.tandfonline.com/doi/full/10....

011

David Erdos @daviderdos.bsky.social · 10/02/2026

In the wake of the egregious #Afghan UK #GDPR #databreach and many others, Government Ministers are finally grilled before the Commons' Science, Innovation and Technology Committee today committees.parliament.uk/event/26457/... following on from ICO's appearance last October #DataProtection

committees.parliament.uk

10 February 2026 - Science, Innovation and Technology Committee - Oral evidence session - Committees - UK Parliament

09:00 - The Macmillan Room, Portcullis House

000

And further that “the processing of personal data by the controller in compliance with that regulation" must be "ensured” & that “such non-exercise on the part of the supervisory authority" must not be "liable to undermine the requirement of strong enforcement of the rules”

000

ICO approach bears no resemblance to persuasive holding in Land Hessen (2024) that a #GDPR authority could only “exceptionally” refrain from “exercise of a corrective power” & even then only “provided that the situation in which the GDPR was infringed has already been made good”

100

This is despite obvious correlation between rising complaints & recent degrading of enforcement & also clear fact that if ICO refuses even to investigate then enforcement is categorically being refused without any controller undertaking whatsoever being received.

100

Despite widespread concern in the consultation responses and such specific points being made, none of this is recognised in the ICO’s response. ICO also refuse to recognise the link between serious defects in relation to complaints handlings and failings vis-à-vis #enforcement.

100

The ICO additionally maintains that cost considerations (significantly the result of its own decision to channel resources away from its core investigatory tasks) can justify a lack of prompt handling even of “high-harm cases”, despite this being explicitly rejected in Delo.

100

In EW (2021) the Upper Tribunal even specifically ordered the ICO to take the concrete investigate steps necessary to achieve this (overruling its categorical refusal to do previously).

100

Case law has been clear that “appropriate” investigation ordinarily means that the ICO must investigate to the extent necessary to “reach and express a view about the likelihood” of compliance (Delo (EWCA) at [80])

100