As AI and machine learning platforms become ubiquitous, the survey predicts more regulatory investigations and enforcement for the year ahead with a focus on both providers and users of AI. Most prominently this year multiple investigations into facial recognition company Clearview AI took place following complaints by digital rights organisations, including privacy activist Max Schrems’ organisation My Privacy is None of your Business (NOYB) with several resulting fines issued. While personal data issues around advertising and social media have dominated headlines this year, there is a growing focus on Artificial Intelligence (AI), and the role of personal data used to train AI. This may in part be a sign that organisations are becoming more wary of notifying data breaches to regulators for fear of investigations, fines, and compensation claims. The average daily total dropped from 328 notifications per day to 300 per day this year. The survey also reveals a year which saw the volume of data breaches notified to supervisory authorities decrease slightly against the previous year’s total. Given what is at stake, DLA Piper expects these decisions to be appealed, sparking years of subsequent litigation. The resulting fines raise serious questions about the grand bargain struck between consumers and service providers, and how ‘free’ online services will be funded going forward. While the Irish DPC originally concluded that this was possible, the influential European Data Protection Board disagreed.
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