Privacy In Focus | November

November 15, 2024

by Olena Nechyporuk

We bring you a round up of articles and updates in the data sphere

Monday, 18th of November 2024

Should AI development Companies Be Profit-Focused?

The emerging field of AI poses many questions not only for data protection, but also for the ethics and purpose of its use. The structure of AI companies is directly influenced by the answer to the latter.

OpenAI, creator of Chat-GPT, has 'gone from a tax-exempt charity to a $157 billion for-profit, market-paralyzing gorgon — and in just eight years', says Elon Musk, according to Reuters. Musk filed a lawsuit in court in California last week - with its 'anti-competitive practices,' enabling the shift from a charity fostering human progress to a profit-focused business, it is becoming more clear that the AI market needs more pruning. This is the stance of Mr. Musk.

For AI users, the profit-making restructuring of OpenAI poses interesting questions about what strategies the management will employ in order to increase revenue. It cannot be ignored the role data collecting and data sharing will play in this new structure. Tech giants have long relied upon collecting people's personal information to generate targeted ads. AI use, on the other hand, poses other risks. Either way, responsible use of AI (Lawfulness, Transparency, Purpose Limitation…) is paramount.

Lawsuit from Mr. Musk

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ICO Releases NEW Instructions on How Investigators Should Use Private Data

Under Article 40 of UK GDPR, organisations may create codes of conduct that address data protection issues in their particular sector.

How should private investigators respect people's private data while utilising covert surveillance, tracking devices, background checks and social media monitoring on suspects? The following document highlights how to utilise lawfully tracing and locating people while respecting their privacy rights.

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Read the Guide below from The Association of British Investigators Limited (ABI)

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Meta Fined Yet Again… but not for Data Privacy.

Where Competition Law Meets Fundamental Rights

On November 14th 2024, the European Commission has fined Meta €797.72 million - not for abusing people's privacy - but for breaching EU antitrust rules.

By tying its ads service Facebook Marketplace to Facebook, Meta was imposing unfair trading conditions on other online classified ads service providers, thus breaching Article 102 of the Treaty on the Functioning of the European Union.

- This means that all Facebook users automatically have access and get regularly exposed to Facebook Marketplace whether they want it or not.

- Competitors of Facebook Marketplace may be at a disadvantage as the tie gives Facebook Marketplace a substantial distribution advantage which competitors cannot match.

- Unilaterally imposing unfair trading conditions on other online classified ads service providers who advertise on Facebook and Instagram. This allows Meta to use ads-related data generated by other advertisers for the sole benefit of Facebook Marketplace.

The Commission has ordered Meta to bring the conduct to an end, and to refrain from repeating the infringement.

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