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Advisor to Europe’s highest court backs antitrust watchdogs dealing with privacy – TechCrunch

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Advisor To Europe'S Highest Court Backs Antitrust Watchdogs Dealing With Privacy - Techcrunch
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A non-binding opinion issued today by an influential adviser to the European Union’s highest court could portend a major regional development at the intersection of privacy regulation and competition – or “privacy versus competition”, because it is sometimes tightly framed.

The notice follows a referral to the Court of Justice (CJEU) regarding an action by Facebook (aka Meta) challenging a 2019 order by the German competition watchdog (the FCO) against the so-called “superprofiling” of Facebook users. The FCO case argues that the tech giant’s combination of user data across multiple services and websites — ergo, Facebook’s complete denial of user privacy — is itself an “exploitative abuse.” related to its market power and therefore also an abuse of the competition laws which the FCO is competent to regulate.

Facebook appealed the FCO’s order arguing that anti-rust officials should essentially stay in their lane because they are not the designated watchdogs for Facebook’s General Data Protection Regulation (GDPR). the EU.

But today’s opinion opposes such a compartmentalization. And if the Court follows his adviser’s advice, it could give a major boost to privacy rights across the EU, as antitrust authorities get the green light to examine the compatibility of data protection in as part of their assessment of the competition rules. (Although it is worth pointing out that all we have today is an opinion, not binding law; the CJEU itself has yet to decide the issues before it.)

This is important because the historically siled approach to enforcement affecting the digital sphere has failed to keep pace with the giants of the mining platform, allowing some companies to acquire a massive market power through systematic abuse of privacy – despite the EU having long-standing privacy rules. (on paper).

So a key element of blame is really a failure of autonomous enforcement of data protection law by European regulators – so whether the bloc’s competition authorities can also take life-related data abuse into account when assessing competition issues, it widens the scrutiny net.

Extract from the press release on the opinion of the AG issued by the Luxembourg court:

In his conclusions delivered today, Advocate General Athanasios Rantos, first of all, considers that, if a competition authority is not competent to rule on an infringement of the GDPR, it can nevertheless, in the exercise of its powers own, take into account the compatibility of a commercial practice with the GDPR. In this regard, the Advocate General emphasizes that the compliance or non-compliance of this behavior with the provisions of the GDPR may, in the light of all the circumstances of the case, constitute an important clue as to whether this behavior constitutes a breach of contest rules. »

AG Rantos’ opinion goes on to observe that any assessment made by a competition authority in relation to GDPR compliance would be “without prejudice” to the powers of the competent supervisory authority under the regulation, adding: “Therefore, the competition authority must take into account any decision or investigation by the competent supervisory authority, inform the latter of all useful details and, if necessary, consult it.

Thus, the direction of travel advocated by the CJEU adviser is towards greater collaboration between competition and privacy regulators.

In 2019, the FCO ordered Facebook to stop combining user data – threatening, with a bang, a screeching halt to its surveillance-based business model (at least in Germany). Yet the legality of Meta’s data processing was also contested under European privacy law – but procedural bottlenecks have led to complaints over the years and delayed GDPR enforcement against the most powerful technological platforms (where the need for action is most acute). So if EU antitrust authorities are empowered to also consider privacy breaches and work more closely with data protection regulators, it could provide a much-needed boost to enforcement. law, which would help remove some of the bottlenecks.

The AG’s opinion could also send a signal to the EU antitrust authority to rework its approach. The bloc’s competition unit has historically been reluctant to combine privacy and competition – hence, in recent years, its willingness to override key privacy objections raised against the Google-Fitbit merger and allow the agreement to move forward with only a few concessions.

While the FCO’s case against Facebook is rightly considered groundbreaking, in the years since the German regulator first began to look into Facebook’s exploitation of user privacy, other regional watchdogs have realized the need to evolve their approach – and joint work between privacy and competition authorities is already on the rise – with, for example, the ICO and CMA from the United Kingdom working together on a competition case related to Google’s “Privacy Sandbox” proposal to evolve its advertising technology; and French competition and privacy authorities are consulting over complaints against Apple’s App Transparency Tracking feature (which the French antitrust watchdog refused to block), not to cite just two recent examples of consultation and co-working.

Quickly zooming out, the EU also approved a major ex ante update to competition rules – called the Digital Markets Act (DMA) – which sets binding operational requirements on the most powerful platforms that include certain provisions limiting how the data may be used.

Application of the DMA is to begin next year. A new competition regime for the most powerful companies is therefore absolutely imminent in Europe. (Germany has already passed a nationwide reboot of its digital competition rules – granting special abuse powers to the FCO, which earlier this year named Facebook as one of several tech giants under the jurisdiction of the FCO. scheme; the classification being valid for five years.)

Consent and sensitive data

The AG’s opinion addresses a number of other legal issues that came before the court via Facebook’s appeal of the FCO’s initial anti-superprofiling order – with the adviser believing that dominance over the market, in itself, does not call into question the validity of a consent-based legal basis for a social media service to process user data.

However, the adviser suggests that the muscle of the market should be factored into the assessment of freedom of consent – ​​what he says is for the controller to demonstrate. (NB: The GDPR standard for consent as the legal basis for processing personal data is that it must be specific, informed and freely given.)

The GA also does not exclude the possibility that Facebook may process certain personal data relying on an alternative legal basis to consent – but only if the processing concerns operational elements that are actually necessary for the provision of services related to the provision of the Facebook Account. And there he seems to question whether “personalized ads” fit the definition of “necessary”.

“[T]the Advocate General considers that, although the personalization of content and advertising, the continuous and transparent use of the services of the Meta Platforms group, the security of the network or the improvement of the product may be in the interests of the user or controller, these elements of the practice in question do not appear necessary for the provision of the aforementioned services,” the Court wrote in the press release.

The AG also decides on an issue related to the processing of sensitive personal data (defined in the GDPR as data on racial or ethnic origin, political affiliation, health data, sexual orientation, etc.) – and on profiling based on sensitive characteristics – stressing that a prohibition in the regulation of such processing may apply in this context; and, further, that for a GDPR waiver to apply (e.g. data that the data subject has “obviously made public”) the user must be “fully aware that, by an explicit act, he makes personal data public”.

“According to the Advocate General, behavior consisting in visiting sites and applications, entering data on these sites and applications and clicking on buttons integrated therein cannot, in principle, be equated with behavior manifestly making public the user’s sensitive personal data. data,” the statement continued, suggesting that the act of background surveillance Facebook imposes on users through tracking infrastructure built into its own services and third-party websites would not be a viable loophole to avoid the ban. to process sensitive data. Which would mean that Facebook would either have to not process sensitive user data at all (good luck!) – or explicitly ask people for permission to do so. (And you can’t imagine many people voluntarily agreeing to let Facebook track such things.)

It remains to be seen, of course, whether the Court will agree with its adviser on all these points.

The CJEU often, but not always, follows the reasoning of its AGs – so the opinion itself is certainly noteworthy. Typically, it takes between three and six months after an GA opinion for the CJEU to issue a ruling, meaning the soonest it could be at the end of this year.

Once the CJEU issues its decision, it will be sent back to the referring court – in this case, the German court hearing Facebook’s appeal against the FCO’s order – meaning that a final verdict on this case should take place next year.


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Vikings bring back linebacker Ryan Connelly on practice squad

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Vikings Bring Back Linebacker Ryan Connelly On Practice Squad
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It was an eventful week for Ryan Connelly.

The Vikings on Thursday signed the linebacker to the practice squad. That came after Connelly, an Eden Prairie native, was activated off the physical unable to perform list Tuesday and then waived Wednesday. He rejoined the Vikings immediately after clearing waivers.

Connelly, in his fourth NFL season, first joined the Vikings in 2020 after being waived by the New York Giants. He got into 14 games in 2020 and 12 in 2021 for Minnesota before suffering a torn ACL last December.

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Youth is served: Heat’s Nikola Jovic still awaiting his . . . high school final exam

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Youth Is Served: Heat’s Nikola Jovic Still Awaiting His . . . High School Final Exam
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Nikola Jovic had the Miami Heat locker room abuzz after Thursday night’s 109-80 exhibition victory over the Brooklyn Nets at Barclays Center, and for more than the first-round pick out of Serbia closing with 10 rebounds and five assists.

Instead, it was the reaction to what coach Erik Spoelstra had revealed moments earlier about the skilled 6-foot-10 19-year-old.

“He’s extremely unique,” Spoelstra said, before turning his attention to Friday night’s exhibition against the Memphis Grizzlies at FedExForum. “And he’s so young. To put it in perspective, he’s still waiting to do his final exam to graduate from high school, and doing that over Zoom.”

Wait? What?

That essentially was the reaction from teammates, once Spoelstra’s revelation circulated.

Backup center Dewayne Dedmon was taken aback, with the 33-year-old big man incredulous about a teammate young enough to have yet to complete high school.

Jovic: “I was supposed to finish it this summer.”

Dedmon: “Supposed to?”

Jovic: “I’m finishing.”

Dedmon: “So you not even graduated high school?”

Jovic: “I’m finishing it right now.”

Dedmon: “And you in the NBA?”

Jovic: “Yeah.”

Dedmon: “You know you can’t go from high school to the pros?”

Jovic: “You can do it from Europe.”

Dedmon: “Apparently.”

With that, head shaking, Dedmon headed for the team bus, leaving his Serbian teammate to explain.

“They were doing it when I was doing the draft workouts,” he said of his high-school finals while he was working in Miami ahead of the June draft, “so I didn’t have time, especially because of the time difference.”

There will, Jovic said, be a diploma.

“It’s not that hard,” he said of his lone remaining test. “I need to take it. I don’t have time to take it right now.”

But he has reason to make sure it is completed sooner rather than later.

“My mom,” he said, “she wants me to finish school.”

While the NBA draft rule is written with high school in mind, it actually requires a player to be at least 19 in his draft year. Jovic was born June 9, 2003.

“As soon as I get some time, I’ll do it,” he said, having been in Miami since August preparing for his inaugural NBA season after playing professionally in Europe, “as soon as I get in contact with my teachers and stuff. Like I said, the time difference.”

And there will be more.

“I”m really glad I’m finishing it now,” he said. “I’m looking forward to doing something else after this, some college or something.”

All of which made his comments about his first NBA road game all the more fascinating.

“In high school, I used to go home and watch some of those guys on TV or on YouTube,” he said, “and to play against them is different.”

As in this year in high school.

To Spoelstra, it is a whole new world with the lithe 205-pound No. 27 pick.

“We’ve had a lot of different developmental projects over the years,” he said. “He’s a little bit of a unique one. We haven’t had a European so young. But his skill set is unique. Because of his size, he’s really just starting his weight lifting program with us for the last six weeks. So we won’t even see the benefit of that until next summer.

“But his ability to handle, to shoot, to put the ball on the floor, he’s a really good passer. That’s probably, at this point, his best skill. And he’s developing all the rest of it.”


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N.D. man pleads guilty to murder charges in deliberate Minnesota crash that killed 2 teens

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N.d. Man Pleads Guilty To Murder Charges In Deliberate Minnesota Crash That Killed 2 Teens
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A Grand Forks, N.D., man pleaded guilty to two counts of third-degree murder for the deaths of two teenagers in a head-on crash that occurred last year in northeastern Minnesota.

Valentin Mendoza IV, 21, pleaded guilty to two counts of murder in the third degree — perpetrating eminently dangerous act and evincing depraved mind. He used the Norgaard plea, which is used when the defendant has no recollection of the event.

Mendoza maintained not-guilty pleas for the four other charges: two counts of second-degree murder — with intent (not premediated), and two counts of criminal vehicular homicide — operating a motor vehicle in a grossly negligent manner.

If the plea agreement is accepted by the court, Mendoza will be sentenced to 180 months for one charge and 150 months for the other. He will serve the sentences consecutively, for a total of 330 months, or 27.5 years.

According to an affidavit in the case, around 3:08 p.m. June 17, 2021, the East Grand Forks Police Department was dispatched to a two-vehicle head-on collision. The crash occurred on Highway 220, about a mile north of Polk County Road 19 in Polk County, Minn.

Mendoza was located in a red 2004 Ford Ranger pickup with severe damage on the front driver’s side; the vehicle was tipped over onto the passenger’s side. Police noted the speedometer was locked at 75 miles per hour and the posted speed limit for that location is 45 miles per hour. Mendoza was transported to Altru Hospital in Grand Forks.

The other vehicle was a white 2007 GMC Envoy, which also had severe damage to the front driver’s side. The speedometer was locked at 65 miles per hour. Two male juveniles were identified; both were unresponsive and severely injured, according to the affidavit. The two boys were removed from the vehicle and transported to Altru Hospital in Grand Forks.

At the hospital, the Minnesota State Police spoke to Mendoza’s mother, who said Mendoza was bipolar and had a history of making “suicidal comments.” According to the affidavit, Mendoza’s mother received a call from his girlfriend that day, stating Mendoza sent her a Snapchat video at 3:05 p.m. In the video, Mendoza was driving and said he was going to take his own life.

After analyzing the scene of the collision, Minnesota state trooper Adam Rochlin determined the Envoy had been traveling southbound on Highway 220 and the pickup was traveling northbound at the time of the crash. The roadway was noted as straight and flat, marked with a yellow center line, dry and clear of defects or damage.

“There were no tire or brake marks near the point of impact of the collision,” the affidavit says. The pickup crossed the center line and struck the Envoy head-on.

On June 23, 2021, one of the juveniles died from his injuries after being removed from life support. On June 29, 2021, the other juvenile died from his injuries.

Mendoza’s sentencing is scheduled to take place at 1:30 p.m. Dec. 14.

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Amy Klobuchar confirms she’ll see fourth Senate term in 2024

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Amy Klobuchar Confirms She’ll See Fourth Senate Term In 2024
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U.S. Sen. Amy Klobuchar, Minnesota’s senior senator, says she plans to seek a fourth term in two years.

A Klobuchar spokeswoman confirmed the Democrat’s intentions in a statement to the Star Tribune, the Minneapolis-based newspaper reported on Thursday.

“As the Senator has made clear, she loves her job serving the people of Minnesota and is planning on running for re-election,” spokeswoman Jane Meyer said in a statement, which followed a recent Politico article noting the large number of Democratic-held Senate seats on the ballot in 2024.

Klobuchar ran an unsuccessful campaign for president in 2020. With President Joe Biden planning to seek re-election in 2024, Klobuchar will back him, Meyer confirmed to the Minneapolis newspaper.

The 62-year-old senator was first elected to the Senate in 2006. A graduate of Yale University and the University of Chicago Law School, she previously served as the Hennepin County attorney.

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‘I’m coming back. Give me some time’: Ben Simmons, Nets preach patience after ugly loss to Heat

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‘I’m Coming Back. Give Me Some Time’: Ben Simmons, Nets Preach Patience After Ugly Loss To Heat
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As fans slowly filed out of the Barclays Center after the Nets’ second consecutive preseason blowout loss to an Eastern Conference playoff opponent — this time a 109-80 defeat to the Miami Heat after Monday’s 19-point thumping from the shorthanded Philadelphia 76ers — the in-arena DJ played an all-too familiar tune.

“Don’t worry. Be happy.”

It’s easy to worry after Thursday’s poor performance, a game two-time NBA Finals MVP Kevin Durant said he “didn’t like anything” about except the team leaving with no injured players. Poor defense and offensive miscues aside, Ben Simmons’ unwillingness to attack the basket underscored the Nets’ inability to take care of the basketball or generate quality offense against one of the NBA’s premier defenses.

Especially in a game both Kyrie Irving (paternity leave) and Joe Harris (sore ankle) watched from the sidelines.

Simmons, however, said there are some things he isn’t yet comfortable doing — like “getting to the rim, getting hit and hitting” other players — because he’s only a few months removed from offseason back surgery. He is confident, and so are his teammates and his head coach, about a  return to a more aggressive version of himself as he shakes off the rust associated with 480 days away from NBA basketball and works to get into a better place after getting a microdiscectomy to alleviate the pain stemming from the herniated disk he suffered after the trade to Brooklyn.

“It’s been a year,” Simmons said after posting four points, four assists and 10 rebounds to go with six turnovers on the night. “I’m coming back. Give me some time.”

Still, there were some plays that raised eyebrows more than others.

Simmons, for example, had a 10-inch height advantage on Heat guard Kyle Lowry and had the mismatch with a one-on-one on the high post. Instead of looking to power to the rim against the smaller opponent, he threw the ball back out to Durant on the perimeter.

When Durant immediately gave the ball back to Simmons — a sign for Simmons to take advantage of the mismatch and get to the rim — Simmons took one dribble towards the paint and shoveled a pass to Royce O’Neale on the opposite wing.

O’Neale, a capable marksman, missed the lightly contested three.

Then there were the back-to-back turnovers with just over two minutes to go in the first quarter.

Reserve lead guard Edmond Sumner threw an entry pass to Simmons, who posted up Heat All-Star Jimmy Butler on the baseline. Sumner then cut along the baseline behind Simmons to the rim, and Simmons floated a pass over his head under the basket.

The pass was tipped away and intercepted, leading to a Miami fast break.

On the very next possession, Simmons advanced the ball up the floor against second-year two-way signing Marcus Garrett. Markieff Morris screened Garrett at the three-point line and Simmons pushed within two feet of the foul line.

And then he flung a pass to O’Neale in the left wing. This time, Garrett was in position and made a play to get possession of the ball.

Some of Simmons’ passes were predictable because Simmons didn’t — and doesn’t — look to score often. Durant said the team “definitely” wants Simmons “to be more aggressive and look to score, especially if he’s got a small wing in the post,” and when he “has an advantage going downhill in transition.”

But he also knows how long of a layoff it’s been for Simmons and that Thursday only marked his second game back.

“I think he’s just finding his rhythm again. He hasn’t played in a long time, and to throw you back up in there with the game going fast?” Durant said. “You can play pickup all you want, but once you put someone in the game, all that stuff goes out the window.

“So, he’s getting his legs, (a) quick move here and he’s figuring it out. It’s only going to get better from here.”

Simmons admitted there needs to be more of a balance for when he looks to set his teammates up for shots versus when he looks to score on his own.

“Looking at the box score, I took three shots, which is definitely not enough,” he said. “Obviously offensively, I want to get to the post more, get some more touches down low, be more aggressive, get to the rim, get to the free throw line, which I didn’t do tonight.”

Nets head coach Steve Nash said he expects Simmons to grow in his aggression putting pressure on the rim. He also, rightfully, noted Irving and Harris’ absences put more pressure on Simmons to create by taking two floor spacers off the court.

“He’s gonna get more attempts. Right now obviously it’s a little clunky for us,” Nash said. “Ben will be fine. He’ll improve, he’s gonna get better every night, and he’s gonna be an engine for us and a big part of what we do. So I’m not really worried about him, but it is a process.

“He hasn’t played for a long time and he’s also assimilating to a new group. That takes time, it’s not gonna be perfect, and it probably won’t be any time soon. But if we can keep improving every day that’s all we ask for.”

Two preseason games isn’t full cause to be worried, but the Nets — other than glimpses of unrealized potential — haven’t given fans much to be happy about, either.

Durant finished with 22 points on 8-of-12 shooting from the floor but showed some frustration when he accidentally threw the ball away attempting to get the ball to O’Neale, kicking off a Heat fast break and putting them on the line.

Nash warned things would look ugly early as the Nets adjust to both new rotations and new schemes, and ugly described their loss to the Heat on Thursday. It’s only preseason, but the same can be said for the two other Eastern Conference contenders who have blown the cap off the Barclays Center.


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JKSSB Final Selection List-cum-Allocation of Cadres & Departments for remaining Class-IV Posts

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Jkssb Selection List
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JKSSB Final Selection List-cum-Allocation of Cadres & Departments for remaining Class-IV Posts

JKSSB Final Selection List-cum-Allocation of Cadres & Departments for remaining Class-IV Posts under the provisions of the Jammu & Kashmir Appointment to Class-IV (Special Recruitment) Rules, 2020, advertised vide Notification No. 01 of 2020 dated 26.06.2020.


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