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And data protection experts say legal challenges are inevitable.
Data protection experts who TechCrunch spoke to suggest Facebook is failing to comply with, not just the spirit, but the letter of the law here.
Is Facebook genuinely complying with GDPR, he was asked several times (unsurprisingly, given the scepticism of data protection experts on that front).
But data protection experts we spoke to earlier this week do not believe Facebook's approach to consent will be legal under GDPR.
Patient consent in that instance is assumed (meaning patients are not asked to consent), based on an interpretation of NHS healthcare data-sharing guidelines for so-called "direct patient care" that has been questioned by data protection experts and criticized by health data privacy advocacy group MedConfidential.
"Artificial intelligence is one area I think a lot about," he told an audience of international data protection experts and policy wonks, which included the inventor of the World Wide Web itself, Sir Tim Berners-Lee, another keynote speaker at the event.
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"It is rather difficult for the I.C.O. to now turn the clock back or indeed prove anything," Chris Pounder, a data protection expert with the training firm Amberhawk, was quoted as saying in The Telegraph.
"There have been a spate of cases from the ECJ and other courts on data privacy and retention showing the judiciary as being more than willing to be a disrupting influence," said Paula Barrett, partner and data protection expert at law firm Eversheds.
Diana Glassman, a data protection expert, says that a useful first step would be for the boss to write to all employees reminding them of the risks and potential cost of data leakage, and asking them, before passing data to anyone else, to question whether that person truly needs, or is entitled to, it.Many of the worst recent data leakages resulted from failure of the most basic kind.
(Even if some tech giants are still trying their hand at socially engineering and manipulating 'consent'.) "Consent [under GDPR] must also now be separable from other written agreements, and in an intelligible and easily accessible form, using clear and plain language," data protection expert Jon Baines, an advisor at UK law firm Mishcon de Reya LLP, told us recently.
He's not the only data protection law expert with that view either….
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