The Digital Omnibus proposal seeks to upend the EU data protection rules. In part 1 of our coverage, Alan Chapell chats with Dr Gabriela Zanfir-Fortuna of the Future of Privacy Forum about what's driving the Digital Omnibus, and whether it is likely to have a positive impact. More on Gabriela at https://fpf.org/person/dr-gabriela-zanfir-fortuna/. More on Alan's Substack at https://chapellreport.substack.com/.

Takeaways

The Digital Omnibus aims to simplify, reduce compliance burden and boost EU competitiveness, but may introduce new ambiguities and complexities. 

Narrowing the definition of personal data could let some pseudonymous ad tech processing fall outside GDPR coverage.

A browser level do not track style signal is proposed, yet timelines and technical feasibility remain uncertain given past failures and current standards backlogs.

AI model training via legitimate interest raises difficult questions about privacy choices.

Some EU regulators are likely to resist these shifts, meaning enforcement may stay privacy forward - creating a lack of certainty for those seeking to comply with these new rules. 

Chapters

00:00 Alan introduces the show, the guest, and why the Digital Omnibus matters for GDPR and the AI Act.

03:40 Gabriela shares her privacy origin story and why privacy harms can be systemic, not just individual.

11:40 The pair unpack the Commission’s stated goals of simplification and competitiveness, and why Gabriela doubts the path.

17:00 They examine the proposed narrowed definition of personal data and the risk of fresh compliance confusion.

20:50 Discussion of a new consent revocation signal and the long road to workable standards.

26:40 A media services carve out is questioned, especially its impact on consent fatigue and digital ads.

32:00 Gabriela outlines the biggest AI related proposals, especially legitimate interest for training and use.

44:40 They predict regulator pushback and what that means for enforcement over the next decade.

50:30 Closing reflections on why the Omnibus may fail its simplification promise and what comes next.

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