Tech
Protecting your data in the EU means protecting an independent authority | Computer Weekly
The effectiveness of the European data protection framework depends on two essential pillars: robust individual rights and the institutional independence of the authority enforcing them. This principle is laid down in Article 8 of the Charter of Fundamental Rights of the EU, which requires that compliance with data protection rules must be subject to control by an independent authority. Without such independence, the rights laid down by EU law for all citizens cannot be guaranteed.
The requirement of complete independence of the European Data Protection Supervisor (EDPS) is enshrined in Article 55 of the Regulation (EU) 2018/1725, the so-called GDPR for EU institutions. The Court of Justice of the EU has clarified this principle in key rulings including C-518/07 Commission v Germany; C-614/10 Commission v Austria; and C-288/12 Commission v Hungary. These judgments establish that independence entails both freedom from influence external to the oversight authority, whether direct or indirect, and the exclusion of conflict of interests, such as supervising matters previously dealt with as a controlled entity in a different institutional capacity.
Consequently, the appointment procedure must meet the highest standards of transparency and procedural robustness and integrity.
Independence of the EDPS at risk
Current developments in the EDPS selection process raise serious concerns. Under Article 53 of the GDPR for EU institutions, the EU Commission, acting as data controller, leads the pre-selection procedure and proposes a shortlist of candidates. The European Parliament and the Council then appoint the EDPS by common accord. However, concerns have been raised regarding the transparency and impartiality of this procedure.
An open letter signed by renowned academics argues that the pre-selection procedure may have been steered to favour a particular candidate who previously held management positions, serving as Head of Unit for the Commission’s Data Transfers Unit, and senior roles in the Cabinet of the Commissioner for Justice. A formal complaint has been submitted to the European Ombudsman and an investigation is ongoing.
Further irregularities emerged during the European Parliament’s vote. The LIBE Committee in the European Parliament initially voted on four shortlisted candidates, but subsequently held a second vote restricted to two. While the first vote was conducted on an individual MEP basis, the second was carried out based on political group positions. This deviation injects a level of partisanship, which is incompatible with the principle of impartiality.
While these issues may not necessarily render the appointment procedure unlawful, they point to serious procedural shortcomings with potentially significant constitutional implications. What is at stake is public trust, which demands not only formal compliance with the law, but also a higher standard of integrity, impartiality and transparency.
Eligibility criteria must be clear and rigorous, screening for conflicts of interest must be systematic, and the composition of the selection panel must itself be free of political entanglements. Decisions must be published in a timely and accessible manner, enabling public scrutiny. These are constitutional imperatives grounded in the principle of good administration.
Why the EDPS independence matters
The EDPS oversees the processing of personal data by EU institutions and agencies, including Europol, Frontex and the EU Agency for Asylum. These entities are supervised by the EDPS for risks to the rights and freedoms associated with such processing. It is not the factual independence of the EDPS that matters, but also the perception of its autonomy by the public and civil society. This is especially relevant regarding the gaps in the oversight mechanism of EU agencies.
For example, the recently adopted AI Act reinforces the EDPS’s supervisory role under Art. 70(9). It is now responsible for supervising the use of AI systems by institutions such as Europol. The EDPS will assess not only compliance with data protection, but also broader fundamental rights implications. Public confidence in these agencies also depends on the EDPS being perceived as independent and effective in its supervisory role. A lack of perceived independence could weaken the EDPS’s ability to issue impartial opinions on Commission proposals or to scrutinise data processing practices in its agencies.
A call to restore independence
To prevent a drift towards a unitary theory of the executive power and the erosion of constitutional checks and balances and, ultimately the foundation of rights and freedoms in the European Union, the European Parliament must ensure that the selected European Data Protection Supervisor (EDPS) is completely independent. This requires excluding candidates who have held management roles in entities subject to EDPS supervision.
It is highly recommended to reinstate the procedure of voting by individual MEPs rather than by political groups. If necessary, the entire appointment procedure should be restarted.
The EDPS is tasked with providing formal opinions to the Commission on the impact of its legislative proposals on fundamental rights related to privacy and to the protection of personal data. Its independence is vital to ensure impartial legislative advice and scrutiny of future legislative initiatives. Such legislative proposals must be grounded in evidence, informed by in-depth and accurate impact assessments on civil rights, societal and environmental sustainability, and include civil society consultation.
By ensuring the transparency, independence, and accountability of the EDPS appointment process, the EU not only protects fundamental rights, but also reinforces the authority of the EDPS and the legitimacy of the European project. Strong data protection and privacy, democratic oversight and the rule of law are foundational commitments of the Union.
Aída Ponce Del Castillo is a senior researcher at the Foresight Unit at the European Trade Union Institute
Tech
This Jammer Wants to Block Always-Listening AI Wearables. It Probably Won’t Work
Deveillance also claims the Spectre can find nearby microphones by detecting radio frequencies (RF), but critics say finding a microphone via RF emissions is not effective unless the sensor is immediately beside it.
“If you could detect and recognize components via RF the way Spectre claims to, it would literally be transformative to technology,” Jordan wrote in a text to WIRED after he built a device to test detecting RF signatures in microphones. “You’d be able to do radio astronomy in Manhattan.”
Deveillance is also looking at ways to integrate nonlinear junction detection (NLJD), a very high-frequency radio signal used by security professionals to find hidden mics and bugs. NLJD detectors are expensive and used primarily in professional contexts like military operations.
Even if a device could detect a microphone’s exact location, objects around a room can change how the frequencies spread and interact. The emitted frequencies could also be a problem. There haven’t been adequate studies to show what effects ultrasonic frequencies have on the human ear, but some people and many pets can hear them and find them obnoxious or even painful. Baradari acknowledges that her team needs to do more testing to see how pets are affected.
“They simply cannot do this,” engineer and YouTuber Dave Jones (who runs the channel EEVblog) wrote in an email to WIRED. “They are using the classic trick of using wording to imply that it will detect every type of microphone, when all they are probably doing is scanning for Bluetooth audio devices. It’s totally lame.” Baradari reiterates that the Spectre uses a combination of RF and Bluetooth low energy to detect microphones.
WIRED asked Baradari to share any evidence of the Spectre’s effectiveness at identifying and blocking microphones in a person’s vicinity. Baradari shared a few short videoclips of people putting their phones to their ears listening to audioclips—which were presumably jammed by the Spectre—but these videos do little to prove that the device works.
Future Imperfect
Baradari has taken the critiques in stride, acknowledging that the tech is still in development. “I actually appreciate those comments, because they’re making me think and see more things as well,” Baradari says. “I do believe that with the ideas that we’re having and integrating into one device, these concerns can be addressed.”
People were quick to poke fun at the Spectre I online, calling the technology the cone of silence from Dune. Now, the Deveillance website reads, “Our goal is to make the cone of silence become reality.”
John Scott-Railton, a cybersecurity researcher at Citizen Lab, who is critical of the Spectre I, lauded the device’s virality as an indication of the real hunger for these kinds of gadgets to win back our privacy.
“The silver lining of this blowing up is that it is a Ring-like moment that highlights how quickly and intensely consumer attitudes have shifted around pervasive recording devices,” says Scott-Railton. “We need to be building products that do all the cool things that people want but that don’t have the massive privacy- and consent-violation undertow. You need device-level controls, and you need regulations of the companies that are doing this.”
Cooper Quintin, a senior staff technologist at the Electronic Frontier Foundation, echoed those sentiments, even if critics believe Deveillance’s efforts to be flawed.
“If this technology works, it could be a boon for many,” Quintin wrote in an email to WIRED. “It is nice to see a company creating something to protect privacy instead of working on new and creative ways to extract data from us.”
Tech
I’ve Tried Every Pixel Phone Ever Made—Here Are the Best to Buy Right Now
Portrait Light: You can change up the lighting in your portrait selfies after you take them by opening them up in Google Photos, tapping the Edit button, and heading to Actions > Portrait Light. This adds an artificial light you can place anywhere in the photo to brighten up your face and erase that 5 o’clock shadow. Use the slider at the bottom to tweak the strength of the light. It also works on older Portrait mode photos you may have captured. It works only on faces.
Health and Accessibility Features
Cough & Snore Detection (Tensor G2 and newer): On the Pixel 7 and newer, you can have your Pixel detect if you cough and snore when sleeping, provided you place your Pixel near your bed before you nod off. This will work only if you use Google’s Bedtime mode function, which you can turn on by heading to Settings > Digital Wellbeing & Parental Controls > Bedtime Mode.
Guided Frame (Tensor G2 and newer): For blind or low-vision people, the camera app can now help take a selfie with audio cues (it works with the front and rear cameras). You’ll need to enable TalkBack for this to work (Settings > Accessibility > TalkBack). Then open the camera app. It will automatically help you frame the shot.
Simple View: This mode makes the font size bigger, along with other elements on the screen, like widgets and quick-settings tiles. It also increases touch sensitivity, all of which hopefully makes it easier to see and use the screen. You can enable it by heading to Settings > Accessibility > Simple View.
Safety and Security Features
Theft Protection: This is a broader Android 15 feature, but essentially, Google’s algorithms can figure out if someone snatches your Pixel out of your hands. If they’re trying to get away, the device automatically locks. Additionally, with another device, you can use Remote Lock to lock your stolen Pixel with your phone number and a security answer. To toggle these features on, go to Settings > Security & privacy > Device unlock > Theft protection.
Identity Check: If your Pixel detects you’re in a new location, Identity Check will require your fingerprint or face authentication before you can make any changes to sensitive settings, offering extra peace of mind in case you lose your phone or if it’s stolen. You can enable this in Settings > Security & privacy > Device unlock > Theft protection > Identity Check.
Courtesy of Google
Private Space: Another Android 15 addition, Pixel phones finally have a feature that lets you hide and lock select apps. You can use a separate Google account, set a lock, and install any app to hide away. To set it all up, head to Settings > Security & privacy > Private space.
Satellite eSOS (Pixel 9 and Pixel 10 series, excluding Pixel 9a): Like Apple’s SOS feature on iPhones, you can now reach emergency contacts or emergency services even when you don’t have cell service or Wi-Fi connectivity. It’s not just available in the continental US, but also in Hawaii, Alaska, Canada, and even Europe.
Tech
I’ve Tried Every Pixel Phone Ever Made—Here Are the Best to Buy Right Now
Portrait Light: You can change up the lighting in your portrait selfies after you take them by opening them up in Google Photos, tapping the Edit button, and heading to Actions > Portrait Light. This adds an artificial light you can place anywhere in the photo to brighten up your face and erase that 5 o’clock shadow. Use the slider at the bottom to tweak the strength of the light. It also works on older Portrait mode photos you may have captured. It works only on faces.
Health and Accessibility Features
Cough & Snore Detection (Tensor G2 and newer): On the Pixel 7 and newer, you can have your Pixel detect if you cough and snore when sleeping, provided you place your Pixel near your bed before you nod off. This will work only if you use Google’s Bedtime mode function, which you can turn on by heading to Settings > Digital Wellbeing & Parental Controls > Bedtime Mode.
Guided Frame (Tensor G2 and newer): For blind or low-vision people, the camera app can now help take a selfie with audio cues (it works with the front and rear cameras). You’ll need to enable TalkBack for this to work (Settings > Accessibility > TalkBack). Then open the camera app. It will automatically help you frame the shot.
Simple View: This mode makes the font size bigger, along with other elements on the screen, like widgets and quick-settings tiles. It also increases touch sensitivity, all of which hopefully makes it easier to see and use the screen. You can enable it by heading to Settings > Accessibility > Simple View.
Safety and Security Features
Theft Protection: This is a broader Android 15 feature, but essentially, Google’s algorithms can figure out if someone snatches your Pixel out of your hands. If they’re trying to get away, the device automatically locks. Additionally, with another device, you can use Remote Lock to lock your stolen Pixel with your phone number and a security answer. To toggle these features on, go to Settings > Security & privacy > Device unlock > Theft protection.
Identity Check: If your Pixel detects you’re in a new location, Identity Check will require your fingerprint or face authentication before you can make any changes to sensitive settings, offering extra peace of mind in case you lose your phone or if it’s stolen. You can enable this in Settings > Security & privacy > Device unlock > Theft protection > Identity Check.
Courtesy of Google
Private Space: Another Android 15 addition, Pixel phones finally have a feature that lets you hide and lock select apps. You can use a separate Google account, set a lock, and install any app to hide away. To set it all up, head to Settings > Security & privacy > Private space.
Satellite eSOS (Pixel 9 and Pixel 10 series, excluding Pixel 9a): Like Apple’s SOS feature on iPhones, you can now reach emergency contacts or emergency services even when you don’t have cell service or Wi-Fi connectivity. It’s not just available in the continental US, but also in Hawaii, Alaska, Canada, and even Europe.
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