The Centre for Democracy & Technology Europe has released its final Tech Policy Brief before the summer break, set to return in September. This edition addresses key technology and internet policy issues under debate in Europe, the U.S., and internationally, offering CDT’s perspective on their impact on digital rights.
### Security, Surveillance & Human Rights
CDT Europe engaged with the European Commission this month, submitting comments for the first annual review of the EU-U.S. Data Privacy Framework. This framework facilitates personal data transfer between the EU and the U.S. while aiming to maintain high data protection standards. Its predecessor, "Privacy Shield," was invalidated by the Court of Justice of the European Union in 2020 due to concerns about U.S. surveillance laws and practices not aligning with EU privacy standards.
The comments highlighted significant updates in U.S. legislation impacting this framework's implementation, particularly focusing on the April 2024 reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA 702). The reauthorization broadens FISA 702's reach, allowing nearly any U.S. company managing communication data to comply with its directives. This expansion raises concerns about whether U.S. surveillance laws can align with EU privacy standards.
Governments from within and beyond the European Union have been using spyware against citizens, politicians, journalists, and human rights defenders illegally. CDT Europe calls upon the new Parliament to introduce stringent limits on spyware use and adopt stronger safeguards to protect citizens' rights.
In Pakistan, new legislation enables generalized, warrantless interception of citizens’ communications by intelligence services for national security or offense apprehension purposes. The Human Rights Commission of Pakistan stated that this law grossly violates citizens’ basic rights and could be used to suppress political dissent through blackmail, harassment, and intimidation.
CDT emphasizes that national security should not justify draconian surveillance measures without robust regulations and oversight to prevent misuse that could erode public trust in government institutions.
### Online Expression & Civic Space
As a new European Parliament forms, it is crucial for MEPs to monitor enforcement of the Digital Services Act (DSA) through dedicated working groups ensuring effectiveness and coherence with existing regulations. Collaboration with civil society organizations remains essential for meaningful oversight.
Civil society research has informed European Commission investigations under the DSA by presenting evidence of possible non-compliance and raising awareness around likely risks in cases involving Temu, LinkedIn, and Meta. A recent report by AI Forensics and Interface raised concerns about online platforms shaping civic discourse. Following these findings regarding TikTok promoting Germany’s far-right party ahead of EU elections, formal proceedings were opened under the DSA.
### Equity & Data
A recent analysis by CDT focused on obligations created by the EU’s AI Act for public authorities deploying high-risk AI systems. These authorities must upskill staff for adequate monitoring of AI systems' functioning, increase internal capacity for compliance with notification obligations, and introduce systems to field complaints.
Public authorities also need to ensure high-risk AI adoption is listed in the EU database and carry out fundamental rights impact assessments detailing potential harms caused by AI deployment.
Despite safeguards in place under the AI Act, a New York Times investigation revealed significant harms from insufficient oversight of an AI system despite compliance with regulations. The VioGén algorithm used by Spanish law enforcement misclassified domestic violence victims' risk levels — leading to tragic outcomes when automated scores were accepted over human judgment 95% of the time.
### Job Opportunity: Communications Trainee
CDT Europe seeks a Communications Trainee starting early September to support strategic communications work in Brussels related to digital rights advocacy. Applications are open until August 8th.
### October Event: Tech and Society Summit
On October 1st, CDT Europe will co-host a Tech and Society Summit focusing on technology regulation intersections with society and environment issues.
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