Gabriela Zanfir-Fortuna

Gabriela Zanfir-Fortuna

@gzf.bsky.social

Data Protection Geek. Co-author of the big GDPR OUP Commentary🇷🇴🇪🇺🇺🇸 US-based, former Brussels bubbler. Writes about data protection law and policy, AI governance through a Global lens (& sometimes democracy) Strictly personal views. www.pdpecho.com.

3K followers414 following485 posts

A scathing portrait of the inability of governments to act and enact policies to meaningfully govern AI safety, by Cecilia Kang and Adam Satariano in today's New York Times (gift link). The authors write about "a global policy vacuum as AI models rapidly advance" (…) www.nytimes.com/2026/09/27/t...

nytimes.comAs A.I. Accelerates, Governments Are Increasingly Being Left Behind (Gift Article)The gap between technology and policymaking has gotten wider than ever with artificial intelligence, leaving a global policy vacuum as A.I. models rapidly advance.
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While the characterization of the EU AI Act in this piece might sting in Brussels, ("The law that became a cautionary tale"), some of the points raised here should at least be seen and read.

A short mention of the efforts in South Korea and Japan to regulate AI last year could have enriched the point on governments being pulled into opposing directions, and some choosing deliberately to enable AI development even when they do regulate. An interesting Sunday read to go with your ☕

A scathing portrait of the inability of governments to act and enact policies to meaningfully govern AI safety, by Cecilia Kang and Adam Satariano in today's New York Times (gift link). The authors write about "a global policy vacuum as AI models rapidly advance" (…) www.nytimes.com/2026/09/27/t...

nytimes.comAs A.I. Accelerates, Governments Are Increasingly Being Left Behind (Gift Article)The gap between technology and policymaking has gotten wider than ever with artificial intelligence, leaving a global policy vacuum as A.I. models rapidly advance.

which, frankly, makes me think that perhaps governments are not the only ones called upon to better their ways, but perhaps also that the global policy community could do more thinking, writing and proposing solutions.

Cleaning old office stuff and I stumbled upon these, from the time I was working on the 1st edition of the OUP GDPR Commentary back in 2019 (?). So much work, effort and stress… It was eventually done. I had forgotten about how difficult it was. And, why, in the end, all that effort 🤷‍♀️

I understand the "pacing" plea in AI development as technically meaning "festina lente", the first Latin expression I learned in secondary school, and, frankly, the only one that stayed with me for so long because it had such a curious meaning. The Romans were sage, indeed! #pacing

Gently launching into the world my personal Substack, Ai Carte - I explain here why “Ai Carte” aicarte.substack.com/p/why-ai-car... and here you can find a first post about a book, “The Bookshop Woman”, by Nanako Hanada aicarte.substack.com/p/the-booksh... I missed writing for the pleasure of it.

aicarte.substack.comWhy “Ai Carte”?Reading is the strongest form of resistance I can think of against AI’s takeover of minds. And writing about what you read might just meaningfully entrench this resistance form.

Taking this argument forward, is not complying with data protection law the original sin of AI? Imagine complying with rules of having a lawful ground for processing in place for all the personal data used in training, with notice and explanation, with access and erasure …

The new EU Cloud and AI Development Act (CADA) proposal marks a genuine shift in the way the bloc regulates AI, as it codifies the “AI first” principle & it is as much an “AI promotion and enabling”-type of legislation as it is a cloud sovereignty one. My in depth analysis: fpf.org/blog/cada-an...

fpf.orgCADA: An (E)U-turn on AI regulationThe new EU Cloud and AI Development Act (CADA) proposal marks a genuine shift in the way the bloc regulates AI, as it codifies the “AI first” principle, and it is as much an “AI promotion and enabling...

Gabriela Zanfir-Fortuna reposted

Replying to @donalcoffey.bsky.social

Thanks! Paras 110-113 are very interesting in that 'knowledge' and 'control' of content are disaggregated, and providers don't merely lose the hosting immunity if they algorithmically choose content - they also lose the benefit of the prohibition on general monitoring.

Gabriela Zanfir-Fortuna reposted

Replying to @atomictriangles.bsky.social

Liability is a function of the underlying law so it will differ between defamation, hate speech, harassment, data protection, copyright infringement, etc. This is significant in that it takes away an EU-wide shield, and exposes providers to liability under different domestic laws.

I'm curious how this reads together with Russmedia 👀

TJ McIntyre@tjmcintyre.com

The age verification aspect might be misleading - this seems to be just a restatement of the position under the e-commerce directive. But the decision on liability for algorithmic recommendation is *explosive*.

Gabriela Zanfir-Fortuna reposted

Data protection law does not define responsibilities for users’ data, but for individuals’ fundamental rights and how they are impacted through the processing of their data. A fundamental difference that creates a sequence of wrong interpretations of data protection law.

With everything happening in the world today, these are the top 3 news I got on X when I opened it 👀 And I have almost zero interest in American sport (I guess this is also what happens when the algorithm forgets you due to inactivity 🤖)

Gabriela Zanfir-Fortuna reposted

Here’s a conundrum for you: fit the two red lines Anthropic didn’t want to forgo into the EU AI Act’s red lines under Article 5. 🦗 🦗 🦗 First thing: military use, out of scope. But even as dual use technology: 🦗 🦗 🦗 Should egregious red lines not be spelled out? Or is it an oversight?

Gabriela Zanfir-Fortuna reposted

Privacy regulators from four continents have aligned around a clear position that AI-generated sexualized deepfakes are a data protection violation. For Grok, already under investigation in multiple jurisdictions, that alignment increases the likelihood of sustained and parallel regulatory action.

techpolicy.pressPrivacy Regulators in 61 Countries Back Enforcement Against AI DeepfakesRegulators remind platforms that creation of non-consensual intimate imagery can constitute a criminal offence in many jurisdictions, reports Ramsha Jahangir.

This week, we launched a blog series exploring the "Red lines" drawn by the AI Act, a year after they became applicable. Among our takeaways, we noted that the Act does not prohibit technology per se, but uses or practices of technology that pose unacceptable risk.1🧵 LINK: fpf.org/blog/red-lin...

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The interplay of the prohibitions of the AI Act and the GDPR will need legal certainty - there are countless of GDPR enforcement cases around facial recognition technology in public spaces, for example. The good news is that the EDPB announced, soon, guidelines about the two acts' interplay. 3/x

Last, the enforcement and supervisory landscape... is a beast. There are countries which have tasked different national authorities w the enforcement of a specific letter of para 1 of Article 5 AI Act❗Article 5 became enforceable in Aug, but the supervisory landscape is still very much blurry. END

This week, we launched a blog series exploring the "Red lines" drawn by the AI Act, a year after they became applicable. Among our takeaways, we noted that the Act does not prohibit technology per se, but uses or practices of technology that pose unacceptable risk.1🧵 LINK: fpf.org/blog/red-lin...

We also identified some inconsistencies related to "in-house development of AI systems" between the European Commission Guidelines and the text of the AI Act, which might need further clarification. 2/x

Gabriela Zanfir-Fortuna reposted

Next week’s India AI Impact Summit is framed around “democratizing AI.” But as India expands AI-driven surveillance, predictive policing, and welfare automation, minorities and marginalized communities are bearing the costs, writes Tavishi.

techpolicy.pressIndia’s Global AI Pitch Masks A Troubling Reality At HomeWithout regulatory oversight and guardrails, AI in India will continue to function less as a public good and more as a tool of oppression, writes Tavishi.

All events of the #AIImpactSummit in New Delhi will be live-streamed throughout next week and you can watch them here: m.youtube.com/@indiaai India certainly wins at accessibility and inclusiveness. 👀 Is this what a touch of the Global Majority looks like on AI Governance? 🤞

m.youtube.comIndiaAIIndiaAI Mission, an initiative by MeitY, is building a robust, inclusive AI ecosystem through democratized compute, high-quality data, talent, R&D, startup support, industry collaboration & ethical AI...

Gabriela Zanfir-Fortuna reposted

Replying to @caseynewton.bsky.social

Casey - have you come across Joseph Weizenbaum’s Computer Power and Human Reason? He is the creator of the first chatbot, Eliza, at MIT in the 60s. He pulled the plug in horror after seeing the deep paychological impact of talking to the bot on his team 🙃

Esta americana quere agradecer a Marimar, Maria la Del Barrio, Corazon Salvaje, Cafe con Aroma de Mujer y todas las telenovelas which ella watched en Rumania cuando era una nena y thanks to which ella ahora comprende so much Espanol 💃 Gracias, gracias, gracias ☺️

Gabriela Zanfir-Fortuna reposted

There seem to be millions of people who believe that if they ask an AI chatbot to "brainstorm" about a topic and then ask it to write a "first draft," it will still be a human-made work if they edit it. I'm sorry, but it won't.

I've been thinking a lot lately about being human, about what is unique in the way we absorb the world and we are in the world, which is beyond computability. 1/2 Detroit Institute of Arts, Contemporary Anishinaabe Art exhibition (Norval Morriseau, “Bear, Fish, Bird - Interdependence”)

One of those things, I believe, is how art reflects in us as beholders. How it makes us feel. Go to your local museum. Enjoy this small (big?) human indulgence. If you’re in/around Detroit, DIA’s Anishinaabe Art exhibition is still on until April 5. 2/2

Gabriela Zanfir-Fortuna reposted

Replying to @gzf.bsky.social

This feels less like a privacy perfect storm and more like an infrastructure reckoning. Once AI workloads and cross-border data flows collide with GDPR reform, control of compute and models becomes the real pressure point. Data localization isn’t just regulatory anymore—it’s strategic.

Gabriela Zanfir-Fortuna reposted

Gabriela Zanfir-Fortuna reposted

Replying to @stephangeering.bsky.social

... increased data sharing within complex AI agent models / tools and - for a lack of better word - "social medialisation" of chatbots with detailed profiles of users, using this for ads and the related pressure to keep users online for longer.