Digital Omnibus: September Council Update
Commentary on the Council’s Digital Omnibus discussions and their implications for data protection, research and AI development.
Browse Digital Omnibus commentary on SubstackBlog
Notes from the regulatory edge.
Short analysis, working observations and commentary on digital regulation, artificial intelligence, data protection, consumer protection, platform governance and deceptive design. Longer essays remain clearly identified and linked to the LawBhoy archive where appropriate.
Latest additions
Digital Omnibus and data governance.
Recent commentary on legal certainty, data status and Europe’s Digital Omnibus.
Europe Will Not Build a PET Market on Legal Ambiguity
The Digital Omnibus, contextual identifiability and a reliable assurance route for privacy enhancing technologies.
Read on SubstackNon-Personal Data Is Not One Thing
A taxonomy that separates legal status from route, scope, artefact form, circulation and assurance.
Read on SubstackFeatured analysis
Longer arguments with a stable DigiData home.
These public essays provide substantial analysis and downloadable companion papers. The wider Blog can also accommodate shorter notes and work in progress.
From Sticker to Passport
How contextual anonymisation can become a portable, auditable and time-bounded claim.
Read on DigiDataNon-Personal Data Is Not One Thing
Europe needs a taxonomy that separates status, route, scope, artefact form, circulation and assurance.
Read on DigiDataRecent notes and commentary
Current positions across digital regulation.
Entries link either to a DigiData article or to the original LawBhoy publication. No third-party feed or tracking frame is embedded.
The Omnibus Must Build the Road
The EDPB has supplied an analytical map for anonymisation; the legislature must create the assurance system that makes it usable.
Read on SubstackAnonymisation, Innovation and the Missing Route to Lawful Use
The EDPB has improved the legal test, but organisations still need a reusable route to contextual anonymisation.
Read on SubstackAnonymisation, Two Ways
The EDPB’s new guidelines complicate the Commission’s Article 6(11) DMA playbook.
Read on SubstackContext Is Not a Loophole
A defence of contextual identifiability after EDPS v SRB and against the claim that actor-relative analysis weakens protection.
Read on SubstackAnonymisation After SRB: The EDPB Chooses Context, Not Evasion
The EDPB accepts contextual anonymisation, but its framework remains less operationally usable than the Digital Omnibus needs.
Read on SubstackThe Innovation Mandate
Europe does not need a weaker digital rulebook. It needs regulators who must show their work.
Read on SubstackAnonymous Enough to Share, Personal Enough to Police?
The unresolved contradiction in the Commission’s Article 6(11) DMA search-data remedy.
Read on SubstackThe Law Should Not Discipline Consumers for Being Human
A response to the DRCF’s Consumer Interest and AI work, centred on the limits of responsibilising consumers for system-level design choices.
Read on SubstackThe Machine That Predicts Your Next Thought
Notes on neurodata, predictive systems and the legal consequences of increasingly intimate inference.
Read on SubstackThe Addiction Panic Is a Poor Basis for Children’s Rights
A critique of addiction-centred narratives and a case for evidence-led, function-specific child-safety regulation.
Read on DigiDataPublishing model
A place for shorter thinking without losing the research record.
The Blog can carry regulatory notes, commentary, research in progress and DigiData updates. Substantial research essays remain available through the separate Insights archive, while longer newsletter pieces can continue to originate on LawBhoy.
Start a conversation
A difficult digital-regulation question deserves more than a generic compliance answer.
Tell DigiData what decision, dispute or policy problem you need to resolve. The initial enquiry form is designed to establish scope, urgency and the expertise the work may require.