This issue of the CDT Europe Tech Policy Brief discusses key developments in European technology policy, particularly concerning the Digital Services Act, encryption rights, initiatives against online gender-based violence, and the new regulations on political advertising. The summaries reflect ongoing legislative changes and their implications for rights and transparency in the digital space.
The March 2024 issue from the Centre for Democracy & Technology Europe presents essential technology and internet policy matters being debated in Europe, the U.S., and globally. It showcases the organization’s dedication to fostering policies that uphold rights in the digital environment. Readers are encouraged to reach out to team members based in Brussels for further communication.
On February 17, the Digital Services Act (DSA) officially took effect across the EU. It introduced several new obligations aimed at ensuring transparency and effective law enforcement. To address these developments, the Institute for Information Law and the DSA Observatory organized a conference in Amsterdam to discuss early successes and challenges in the DSA’s implementation, with a focus on human rights.
Participants examined critical topics, including understanding and managing systemic risks. A significant point involved utilizing the DSA’s research data access provisions more effectively. Although the DSA Transparency Database was established, its current functionality is limited due to inconsistent data submission by platforms, complicating research efforts. Consequently, discussions on the upcoming Delegated Act emphasized the importance of precise data sharing protocols to enhance accessibility for researchers.
The collaborative nature of the conference demonstrated strong engagement among DSA stakeholders. Participants expressed a desire for ongoing discussions about effective DSA implementation and monitoring as it progresses into full enforcement.
A key highlight from the March issue is the February 13 ruling by the European Court of Human Rights (ECtHR) in Podchasov v Russia. This judgement ruled against Russia’s data storage requirements on Telegram, which mandated data retention and security compromises for law enforcement. The Court upheld that such practices violate users’ privacy rights under Article 8 of the European Convention on Human Rights, thus affirming strong encryption’s role in protecting rights online.
The judgment clarified that not only measures that break encryption but also those that weaken encryption’s effectiveness are unacceptable. The court criticized the notion that access to encrypted data could be selectively handled for crime prevention, reinforcing that these tools could infringe upon everyone’s online rights, not just those accused of crimes.
On February 20, CDT Europe supported the launch of a report from the menABLE project, aimed at addressing online gender-based violence. The report presents educational strategies to combat such issues. Asha Allen, CDT Europe’s Programme Director for Online Expression, participated and highlighted the positive shift concerning lawmakers’ awareness of online GBV’s impact on youth, particularly future public figures.
This legislative momentum, including the new EU Directive on Violence Against Women, signals improved support structures against online GBV, as platforms face more obligations to mitigate its risks. CDT Europe anticipates utilizing the study’s findings to inform policymaking and education strategies.
Moreover, the European Parliament has finalized the EU Regulation on the Transparency and Targeting of Political Advertising. Following protracted negotiations, this legislation aims to enhance safeguards for political expression. Despite its passage, concerns remain regarding its practical enforcement, particularly against data misuse in political advertising akin to previous scandals.
As 2024 marks a pivotal year for European democracy with significant elections, the new law emphasizes the EU’s commitment to transparent democratic processes, despite provisions not being effective until after elections. CDT Europe will closely monitor the regulation’s implementation to advocate for protective measures for civil rights in political advertising.
The March 2024 EU Tech Policy Brief highlights significant developments in technology and internet policy across Europe. Key topics include the ongoing implementation of the Digital Services Act, groundbreaking ECtHR rulings on encryption and privacy, the launch of new initiatives to combat online gender-based violence, and the adoption of political advertising regulations. These developments reflect the evolving landscape of digital rights and the commitment to transparency and protection in the online space.
Original Source: cdt.org
