European Commission proposals to update European digital rules were recently leaked ("Digital Omnibus"). With this Omnibus package, the Commission aims to achieve administrative simplification by amending existing legislation, including the General Data Protection Regulation (AVG), ePrivacy Directive and the AI Act.
The Netherlands Lawyers Committee for Human Rights (NJCM) has joined a broad coalition of civil society organizations, trade unions and human rights organizations to speak out against the contents of these leaked Digital Omnibus proposals. While simplifying laws is legitimate in itself, it should not lead to weakening the protections these laws provide.
The NJCM is concerned about adjustments to fundamental principles under the banner of "technical adjustments" and "simplification. By turning essential laws into unnecessary bureaucracy, the EU seems to be pandering to the lobby of large technology companies and state actors who oppose European principles of a fair, secure and democratic digital landscape.
For example, the proposals greatly reduce the scope of protection for special personal data such as ethnicity, political opinion or sexual orientation. The proposals state that this protection is not needed when sensitive characteristics can only be inferred "by comparison, cross-reference or deduction," whereas this is becoming increasingly easy with the use of technology such as AI. Instead, the existing broad protection remains necessary when preventing (indirect) discrimination, for example in the case of risk profiling or behavioral personalization.
Another example is the proposal to allow the processing of personal data for AI training on the basis of a "legitimate interest. In it, the use of special personal data is allowed as long as removing it would require a "disproportionate effort." At the same time, safeguards, such as the registration requirement for certain high-risk AI systems, are weakened. The NJCM sees this as a worrisome change of course. Especially now that the deployment of (generative) AI seems to put more pressure on human autonomy and self-determination.
If the EU wants to simplify compliance with these laws, a better way is to provide compliance support. For example, with guidelines and tools, which clarify and protect people online. It is undesirable to tear down frameworks that contribute substantially to protecting citizens in the digital world.
In the letter, the NJCM therefore calls on the European Commission along with the other signatories to the following:
Read the letter from the NJCM and other supporters here.
