Episode 57: The EU Digital Omnibus with Dr. Gabriela Zanfir-Fortuna

The Digital Omnibus proposal seeks to upend the EU data protection rules. In part 1 of our coverage, Alan Chapell chats with Dr Gabriela Zanfir-Fortuna of the Future of Privacy Forum about what's driving the Digital Omnibus, and whether it is likely to have a positive impact. More on Gabriela at https://fpf.org/person/dr-gabriela-zanfir-fortuna/. More on Alan's Substack at https://chapellreport.substack.com/.

Takeaways

• The Digital Omnibus aims to simplify, reduce compliance burden and boost EU competitiveness, but may introduce new ambiguities and complexities. 

• Narrowing the definition of personal data could let some pseudonymous ad tech processing fall outside GDPR coverage.

• A browser level do not track style signal is proposed, yet timelines and technical feasibility remain uncertain given past failures and current standards backlogs.

• AI model training via legitimate interest raises difficult questions about privacy choices.

• Some EU regulators are likely to resist these shifts, meaning enforcement may stay privacy forward - creating a lack of certainty for those seeking to comply with these new rules. 

Chapters

00:00 Alan introduces the show, the guest, and why the Digital Omnibus matters for GDPR and the AI Act.

03:40 Gabriela shares her privacy origin story and why privacy harms can be systemic, not just individual.

11:40 The pair unpack the Commission’s stated goals of simplification and competitiveness, and why Gabriela doubts the path.

17:00 They examine the proposed narrowed definition of personal data and the risk of fresh compliance confusion.

20:50 Discussion of a new consent revocation signal and the long road to workable standards.

26:40 A media services carve out is questioned, especially its impact on consent fatigue and digital ads.

32:00 Gabriela outlines the biggest AI related proposals, especially legitimate interest for training and use.

44:40 They predict regulator pushback and what that means for enforcement over the next decade.

50:30 Closing reflections on why the Omnibus may fail its simplification promise and what comes next.

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