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Posts by Katie Nolan

The DPC is also investigating the issue, but it's a different regulator and process in Irish law, so any enforcement action which flows would have to be challenged in separate proceedings.

1 month ago 1 0 1 0
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X takes High Court challenge against Coimisiún na Meán Elon Musk's X, formerly known as Twitter, has taken a High Court challenge against media regulator Coimisiún na Meán, questioning the lawfulness of investigations and the handling of information arisi...

It's already begun! www.rte.ie/news/courts/...

1 month ago 1 0 1 0
Abstract: The EU has been represented as a singular ‘Digital Empire’ speaking with one voice on matters of EU digital
regulation. Closer examination of discrete areas of EU digital regulation reveals a more nuanced picture
suggesting clear institutional divergence between the EU institutions regarding the substantive protection
afforded by EU law. A detailed analysis of EU data protection adequacy decisions brings to the surface
intra-EU tensions concerning the substance of core EU fundamental rights. This analysis reveals that the
EU Commission has taken on a more prominent role in adequacy decision-making since the entry into force
of the EU’s General Data Protection Regulation at the expense of other relevant stakeholders. Furthermore,
the Commission’s decisional practice does not align fully with the stance of the Court of Justice on the right
to data protection. New sites of intra-EU human rights tensions are therefore uncovered with consequences
for the legitimacy of the EU as a digital regulator and the role of the Commission as a guardian of the treaties.Keywords: digital regulation; fundamental rights; data protection; institutional balance; judicial review; data adequacy;
EU Commission

Abstract: The EU has been represented as a singular ‘Digital Empire’ speaking with one voice on matters of EU digital regulation. Closer examination of discrete areas of EU digital regulation reveals a more nuanced picture suggesting clear institutional divergence between the EU institutions regarding the substantive protection afforded by EU law. A detailed analysis of EU data protection adequacy decisions brings to the surface intra-EU tensions concerning the substance of core EU fundamental rights. This analysis reveals that the EU Commission has taken on a more prominent role in adequacy decision-making since the entry into force of the EU’s General Data Protection Regulation at the expense of other relevant stakeholders. Furthermore, the Commission’s decisional practice does not align fully with the stance of the Court of Justice on the right to data protection. New sites of intra-EU human rights tensions are therefore uncovered with consequences for the legitimacy of the EU as a digital regulator and the role of the Commission as a guardian of the treaties.Keywords: digital regulation; fundamental rights; data protection; institutional balance; judicial review; data adequacy; EU Commission

New article out with Katie Nolan (@katieanolan.bsky.social) and Orla Lynskey in the Cambridge Yearbook of European Legal Studies: 'Digital Empire or Digital Fiefdoms? Institutional Tensions and the EU Right to Data Protection'.
Open access at: doi.org/10.1017/cel....

@cambup-law.cambridge.org

6 months ago 5 3 0 0
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How should legal education respond to AI? Together with 11 UCL Laws colleagues, this paper is our vision for the sector. It's rooted in academic integrity, fundamental competences, and concerns around impacts on learning to learn and intellectual risk taking. (🧵)

discovery.ucl.ac.uk/id/eprint/10...

11 months ago 148 77 9 37
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Welcome! Welcome to GDPRed! … Where the labyrinthine chaos of data protection rulings has been coaxed into something that might, under favorable lighting and with one eye closed, resemble ...

Incredible new resource by Miloš Novović, an associate professor of law at BI Norwegian Business School - gdpred.milos.no. Miloš has gathered on this website GDPR cases organized by year, topic, and article. Hugely useful tool!

1 year ago 28 18 4 3
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Data regulator collects fraction of fines levied Data Protection Commission has been paid €19.9m of €3.26bn owed

Only 0.6 percent of DPC fines under the GDPR reportedly collected. The rest subject to litigation. Important piece of the data protection enforcement story.

www.irishtimes.com/business/202...

1 year ago 11 6 0 0

Interesting times ahead for data protection litigation in Ireland!

1 year ago 7 1 0 0
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