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Data protection challenges in 2022

"From the Forum for the Protection of Fide We review the challenges facing Data Protection over the next year"

The last 13 of January, Fide held the sessionData protection challenges in 2022”, in which the directors of the Data Protection Forum Fide: Cecilia Álvarez, Gabriel López, Ricard Martínez, Alejandro Padín and José Luis Piñar, took a tour of the most relevant issues and shared their opinions on the matter with other experts, regular participants in the sessions of Fide, regarding data protection. Below we collect some of the ideas commented by the directors of the Forum.

In the first place, it is unavoidable to take into account the degree of sophistication that the information systems. In this sense, the systems of large companies and public sector administrations — which is already the subject of Directive 2019/1024, whose transposition in Spain has been introduced through the reform of Law 37/2007 that deals with the reuse of public sector information — are characterized by the integration of a plurality of internal and external sources, by their interaction with the internet of things, sensorization, with mobile applications, and with the analysis of non-personal data that result useful for the organization.

On the other hand, the generation of data repositories allows the application of Deep Learning and Machine Learning and the development of artificial intelligence. This treatment ecosystem is also transferred to small and medium-sized companies when they contract cloud services that facilitate this type of service and that will promote a significant change in business and administrative practice at all levels. This context is functional to the European Digital Strategy and the creation of European data spaces.

To order the matter, the European Union has implemented a legislative strategy from multiple approaches that include the GDPR (Regulation on the use of non-personal data, which will organize the market for the provision of data exchange services, which will be subject to public supervision and its providers must register) the Open Data Directive, and in process Data Governance Regulation and the two laws that are going to regulate digital services and digital markets, the Regulation on AI and ePrivacy regulation.

Since the departure of the United Kingdom from the European Union, they have been left without the main ally that supported the service export model. In the Spanish case, there is no single position, on the one hand, there is a need to understand and regulate the effects generated by the two great digitization poles such as China and the United States, and, on the other hand, there is a great opportunity which represents being the vanguard country in the world of digital services that gives sustainability to the projects that are developed under the auspices of the European Union.

Finally, it is about specifically regulating certain aspects of the personal data processing, which complements the existing regulations in force and which can, on the one hand, help to provide legal certainty to some activities that already exist or are technically possible and, on the other hand, increase user confidence in how their data is used. We cannot lose sight, however, of the need for regulations that integrate the element of globality that the processing of information implies in the digital economy, as well as the loss of efficiency that the multiplication of public supervision and control bodies entails. For this reason, both the proposed Data Governance Regulation and the rest of the regulations that are in the development phase in the EU should be aimed at achieving these goals: increase the confidence of operators and interested parties and prepare for a global regulatory environment. . The question we must ask ourselves is what do we want to be at the end of this journey and what are we doing to achieve it.

In the Forum for the Protection of Fide and, throughout 2022, we will be addressing these issues in monographic sessions.

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