PrivacyPod Podcast Ensemble

“Welcome! Welcome! Welcome! To PrivacyPod Joost’s Case Corner Episode, we are your hosts Milla and Pilvi with Joost Kle… Gerritsen. Thank you so much for joining us and let us begin with our first and most important story, the events of last week’s Eurovision and the big denim egg that made it all the way to “Last Week Tonight” with John Oliver (Go Finland!).” 
After we have gathered ourselves from the too short (Panu’s comment which has been noted) section on Eurovision, we move head first to the most interesting recent CJEU cases! And what is on the chopping block today?
CJEU NADA and Others [C-115/22], where doping results were published online. 
CJEU Juris [C-741/21], where a lawyer wanted to be compensated on receiving direct marketing which for some reason made some of our hosts just lose it (sorry).
CJEU IAB Europe [C-604/22], where our focus is on the joint controllership aspect of the case.
Thank you so much for listening and good night!
Links:
Belgian DPA’s Decision on IAB Europe: 
decision-quant-au-fond-n-21-2022-en.pdf (autoriteprotectiondonnees.be)
CJEU NADA and Others [C-115/22]:
https://curia.europa.eu/juris/document/document.jsf?text=&docid=285723&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2737812
CJEU Juris [C-741/21]:
https://curia.europa.eu/juris/document/document.jsf?text=&docid=284641&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2738131
 
CJEU IAB Europe [C-604/22]:
https://curia.europa.eu/juris/document/document.jsf?text=&docid=283529&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2738315
 
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We’re so glad to geek out on something a bit different this week, as we welcome Natallia Karniyevich to discuss all things cyber with our hosts Hannes Saarinen and Milla Keller. Natallia is a senior associate at Bird & Bird, where she also co-chairs Bird & Bird’s international cybersecurity steering group. 
Natallia guides us through what has been a flood of new, stricter cybersecurity legislation. We discuss the background and need behind the new laws. We look a bit closer specifically at the NIS2 Directive, which brings tighter requirements to many different kinds of organizations. And ofcourse, we discuss what do these new laws mean for privacy professionals: how does cyber intersect with the GDPR?
 
 
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We have good news and bad news. Good news are, we are returning with Joost’s Case Corner, so expect lots of CJEU goodness from this episode. Bad news are, we get pretty distracted by other (equally important) topics before actually getting to the CJEU privacy cases… But don’t worry, whatever recent case law we didn’t cover in this episode, we’ll come back to in another episode in a few weeks!
Ok, so what do we discuss in this episode? We had to start with EDPB’s Pay or Consent Opinion, as that is the most exciting piece of news from last week. Related to that, we also dare to talk about the Advocate General’s Opinion in the C-446/21 Schrems v Facebook case - even though the AG Opinion was only published after we recorded the episode. 
The CJEU cases we cover in this episode are:


CJEU Belgian State – Data processed by an official journal [C-231/22]
CJEU Gesamtverband Autoteile-Handel [C-319/22]
CJEU FT – Copies of medical records [C-307/22]
CJEU Ministerstvo zdravotnictví – COVID-19 mobile application [C-659/22]
(Upcoming on 7 May 2024) - CJEU NADA and Others [C-115/22]
 
Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u
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Laura and Panu are joined by Otto Lindholm to discuss recent CJEU case related to Finnish transparency laws and disclosing criminal conviction data via telephone. What is the Finnish tradition of transparency of official documents really about, are we now losing it and what’s going to happen?
If you ask Panu, doomsday is upon us. Transparency is dead and criminals, politicians and reality tv contestants will run amok with no accountability. Or then its just a storm in a tea cup. Panu does make a lot of mistakes, such as reads the European Charter of Fundamental Rights wrongly.
In other news, but no less important, the Court actually states that oral transfer of data from a filing system is processing of personal data. Did you see that one coming? The cool privacy kids did, Panu did not.  The discussion twists and turns and reaches some kafkaesque levels but who cares - privacy theory is fun.
 
Hope you enjoyed our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u
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It’s been a heavy spring. So many new things are coming to privacy folk’s way, the world is (literally) shaking, we are killing our one planet, old men are driving the world to turmoil and horror. The world is getting darker. 
Therefore, without forgetting the importance of discussing all the difficult things, we decided to treat you with an invitation to Milla’s happy place: to discuss something that is full of bright colors and makes everyone focus, just for a brief moment, on the importance of coming together and enjoying the beautiful wonders that people do. We are of course talking about the Eurovision!
Will ABBA serve a beautiful Swedish Suprise in May in Malmö? Which year did TIX compete for Norway (Milla gets this wrong)? What country did Flo Rida compete for? And whats the most efficient way to collect consent? One of these questions is not answered in this episode.
Even though the task was to talk a little bit about Eurovision and a lot about privacy, Pilvi kinda ends up interviewing Milla about her love for the Eurovision and all the wonderful twists and turns this performance art competition includes. We also asked the presenters to take few breaks for editing purposes, but guess that was too much to ask. And anyway we maybe did or didn’t have time to cover privacy-related news - one has to prioritize.
So put on your headphones, grab a glass of your favorite beverage, and slide into the bliss of Eurovision for a moment – it’s on us!
And Herkko, you can skip this episode!
 
Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u
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Friends, Romans, countrymen, lend us your ears! 
We’ve come to discuss if transparency matters, not to bury it.
The insufficient privacy decisions that men do lives after them;
The efforts for better privacy is oft interred with their business minded decisions;
So let it be with transparency. The noble controllers
hath told you GDPR is impossibly ambitious:
if it were so, it was a grievous fault,
And grievously hath DPAs enforced it.
Here, under leave of our Executive Producer and the rest-
For he is an honorable man;
so are we all, all honorable people–
come we to battle this out for once and for all.


And battle we shall. It is no secret that the PrivacyPod back-chat is often turned into a gladiator arena where we battle our views to the very end. One of the most discussed subject is if transparency even matters and what is the point of it. This time, Floora has set up the challenge and armed our gladiators Milla and Pilvi with gladius swords and retes nets, and lets them lose on the arena.
Who barricades themselves on a hill of business minded decisions? Does better transparency create more risks or will it reduce risks? Is transparency a zero-sum game? Who tries to take a victory lap on a high horse only to be knocked down? Who has the high ground? Who tries to win all Partners to their side with icky frases? Will our friendship survive this or will this be the end of PrivacyPod? 
So grab some popcorn and join in for a Shakespeare level drama! 
 
Links:
Klarna case:
https://www.edpb.europa.eu/news/national-news/2022/swedish-authority-privacy-protection-imy-issues-administrative-fine-against_en
https://www.imy.se/en/news/administrative-fine-against-klarna-after-investigation/
 
Whatsapp case:
https://www.dataprotection.ie/en/news-media/press-releases/data-protection-commission-announces-decision-whatsapp-inquiry
 
Shakespeare: Julius Caesar, Act III, scene II:
https://www.poetryfoundation.org/poems/56968/speech-friends-romans-countrymen-lend-me-your-ears
https://www.youtube.com/watch?v=q89MLuLSJgk
 
Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u
We would love to get feedback – so please tag us, follow us, DM us, or send us traditional email:
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Email: tietosuojapod@protonmail.com