PrivacyPod Podcast Ensemble

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]
 
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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
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It’s about time you fell in love with something  that will love you back, and that, our friends, is the crossroad of privacy, government openness, and freedom of speech. It doesn’t judge you, and we won’t either. 
The European Court of Justice, however, will totally judge you, even if it goes against deep roots or local law in your country. In this episode, Pilvi and Jyri will discuss the new (Finnish!) European Court of Justice case “Endemol Shine”. Here a Finnish district court had denied the release of court documents due to GDPR to a producer conducting background checks for reality TV, despite local statutes on openness of court documents. We continue on the same path with discussing NOYB filing a complaint on MrKoll in Sweden, which touches upon the Nordic unwillingness to judge and define what journalism and media is. We end up wondering if GDPR is obliterating Nordic cultures and what consequences this may have. 
On other news, the USA will totally judge you as well if you are TikTok or happen to be from Singapore. We discuss the “The US TikTok Ban” as an interesting reaction to possible cross-border data transfers to a country that might use that personal data for intelligence activities… sounds vaguely familiar.
We also discuss the Verkkokauppa.com case where the Finnish DPA decided on a record fine of 856 000 euros for not having defined retention times for online customers’ customer account data as well as forcing all online customers to create an account.
This episode will also include the first ever musical number of PrivacyPod.
So push play, hop on to this love boat, and we´ll take good care of you. 
 
(Ps. If you missed it, the EU Parliament accepted the AI Act.) 
 
Links:
Endemol Shine
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CN0740
NOYB and MrKoll:
https://noyb.eu/en/swedish-data-brokers-claim-journalists-legal-protection-evade-eu-law


How to get a media license in Sweden:
https://mediemyndigheten.se/ansokan-och-registrering/medier-pa-natet/


H.R.7521 - Protecting Americans from Foreign Adversary Controlled Applications Act:
https://www.congress.gov/bill/118th-congress/house-bill/7521?q=%7B%22search%22%3A%22TikTok%22%7D&s=1&r=5

Case Verkkokauppa.com (In Finnish, translatable):
https://tietosuoja.fi/-/verkkokauppa.comille-seuraamusmaksu-asiakastietojen-sailytysajan-maarittelematta-jattamisesta-myos-vaatimus-asiakkaan-rekisteroitymisesta-oli-lainvastainen
 
Did you enjoy our show? Support us by buying us a coffee here: https://bmc.link/privacypod4u
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In this episode Milla, Pilvi, and Jyri try to save their faces after the Episode #51 meltdown only to discover that they are forever changed by that experience. Just when we brace ourselves to move forward like “a granny in a bog” as the Finns say, we hear a suspicious announcement: “Please remain calm, the end of the pre-DMA era has arrived, we cannot save you, enjoy the ride” that pushes us into observing the first signs of the DMA doomsday and ask: what is the point of all the new consents rolling onto our screens? Will it be an effective way to control the digital markets?
Furthermore, we peek to the other side of the pond and see how the new executive order that the frisky American president has issued will change the US privacy forever… or is it just a big whoop about nothing? We also take a look at the EDPB’s opinion on the main establishment that seems like a promising idea but in reality, we arrive again to the question if it is—you guessed it–a big whoop about nothing?
So turn up the volume and hold on to your doomsday hat, because this and much more awaits you and our other 5 listeners in this episode. 
 
LINKS:
About DMA
https://digital-markets-act.ec.europa.eu/about-dma_en
 
The US Executive Order:
https://www.whitehouse.gov/briefing-room/statements-releases/2024/02/28/fact-sheet-president-biden-issues-sweeping-executive-order-to-protect-americans-sensitive-personal-data/

EDPB on main establishments:
https://edpb.europa.eu/system/files/2024-02/edpb_opinion_202404_mainestablishment_en.pdf
 
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:
Twitter: https://twitter.com/PodPrivacy, #privacypod
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Email: tietosuojapod@protonmail.com