Access to Electronic Data by Third-Country Law Enforcement Authorities, Challenges to EU Rule of Law and Fundamental Rights. Center for European Policy Studies, 2015

This study examines the challenges posed to European law by third country access to data held by private companies for the purposes of law enforcement. It pays particular attention to the implications for rule of law and fundamental rights of foreign authorities’ direct access to electronic information falling outside pre-established channels of supranational cooperation. A special focus is given to EU-US relations and the practical issues emerging in transatlantic relations covering mutual legal assistance and evidence gathering for law enforcement purposes in criminal proceedings

Regulatory technologies for the study of data and platform power in the app economy

Tracking, the large-scale collection of data about user behaviour, is commonplace in mobile apps. While some see tracking as a necessary evil to making apps available at lower prices by showing users personalised advertising and selling their data to third parties, tracking can also have highly disproportionate effects on the lives of individuals and society as a whole. For example, tracking has significant effects on the rights to privacy and data protection, but also on other fundamental rights, such as the right to non-discrimination (e.g. when data from mobile tracking is used in AI systems, such as targeted ads for job offers) or the right to free and fair elections (e.g. when political microtargeting is used, as in the Brexit vote or the Trump election). This thesis develops and applies techno-legal methods to study choice over app tracking at four levels: the impact of the GDPR (Chapter 4), consent to tracking in apps (Chapter 5), differences between Android and iOS (Chapters 6), and the impact of Apple’s App Tracking Transparency (ATT) framework (Chapter 7). While many previous studies looked at data protection and privacy in apps, few studies analysed tracking over time, took a compliance angle, or looked at iOS apps at scale. Throughout our analysis of apps, we find compliance problems within apps as regards key aspects of US, EU and UK data protection and privacy law, particularly the need to seek consent before tracking. For instance, while user consent is usually required prior to tracking in the EU and UK (under the ePrivacy Directive), our empirical findings suggest that tracking takes place widely and usually without users’ awareness or explicit agreement. This thesis contributes 1) a scalable downloading and analysis framework for iOS and Android privacy and compliance analysis (PlatformControl), 2) an improved understanding of the legal requirements and empirical facts regarding app tracking, 3) a comprehensive database of the relations between companies in the app ecosystem (X-Ray 2020), and 4) an Android app to support the easy and independent analysis of apps’ privacy practices (TrackerControl)