AI News, Defense Department Unveils Artificial Intelligence Strategy

UK Consumer Protection Regulator (“CMA”) Extracts Undertakings from Social Media Influencers to Increase Transparency in Sponsored Posts

As the NDS states, “[t]he reemergence of long-term strategic competition, rapid dispersion of technologies” such as “advanced computing, “big data” analytics, artificial intelligence” and others will be necessary to “ensure we will be able to fight and win the wars of the future.” The AI Strategy offers that “[t]he United States, together with its allies and partners, must adopt AI to maintain its strategic position, prevail on future battlefields, and safeguard [a free and open international] order.

We will lead in the responsible use and development of AI by articulating our vision and guiding principles for using AI in a lawful and ethical manner.” DoD will implement the AI Strategy through five main lines of effort: The AI Strategy emphasizes that “[f]ailure to adopt AI will result in legacy systems irrelevant to the defense of our people, eroding cohesion among allies and partners, reduced access to markets that will contribute to a decline in our prosperity and standard of living, and growing challenges to societies that have been built upon individual freedoms.” The Joint Artificial Intelligence Center (“JAIC”), which was established in June 2018, is led by Lt. Gen.

The EO directs federal departments and agencies to invest the resources necessary to drive technological breakthroughs in AI (and outpace China’s developments in this area), lead the develop of global technical standards, address workforce issues as industries adopt AI, foster trust in AI technologies, and promote U.S. research and innovation with allies and partners.

The Court of Justice of the European Union reiterates broad application of the EU Data Protection Law’s journalism exception to online platforms

The European Data Protection Board (“Board”) released an opinion on January 23, 2019, on the intersection between the EU General Data Protection Regulation (“GDPR”) and the Clinical Trials Regulation (“CTR”).  The opinion considers a Q&A on this topic prepared by the European Commission’s Directorate General for Health.  The Directorate General decided to create this Q&A because of perceived contradictions between the GDPR and the CTR, in particular in relation to the legal basis (e.g., the use of consent) and the further use of clinical trial data.

The Board rightly points out that consent to participate in a clinical trial (a CTR consent) must be distinguished from consent to the processing of clinical trial data (a GDPR consent).  The Board then specifically accepts that scientific research can be performed on the basis of consent, while focusing on the freely given nature of the GDPR consent, in particular in relation to vulnerable trial participants.[1] In relation to the withdrawal of consent, the Board repeats its guidelines on consent of April 2018.  Withdrawal of consent means that no further research can be performed on the trial data and that the data should be deleted in the absence of another legal basis, such as the safety purposes mentioned above.  For example, the safety processing discussed above would have another legal basis.  Surprisingly, the Board does not consider the possibility of applying Art.

[1] While the Board acknowledges that the CTR also addresses this ethical consideration, it points out that: “[…] even though conditions for an informed consent under the CTR are gathered, a clear situation of imbalance of powers between the participant and the sponsor/investigator will imply that the consent is not ‘freely given’ in the meaning of the GDPR.”  This statement controversially implies that the standard for assessing coercion when someone agrees to the processing of personal data in a clinical trial is different from, and higher than, the standard used for assessing coercion when someone agrees to participate in a clinical trial.

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