Joint statement of the Federal Commissioner for Data Protection and Freedom of Information (BfDI), Germany, and the Privacy Commissioner of Canada

72nd Meeting of the International Working Group on Data Protection in Technology or “Berlin Group” in Ottawa, Canada, December 7-8, 2023

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The Office of the Privacy Commissioner of Canada (OPC) hosted the 72nd meeting of the International Working Group on Data Protection in Technology (IWGDPT), also known as “Berlin Group”, in Ottawa, Canada, on December 7-8, 2023. The meeting was jointly prepared and organized by OPC as local host and by the German Federal Commissioner for Data Protection and Freedom of Information (BfDI) in his function as Chair of the IWGDPT Berlin Group.

More than 50 members of the Group, from various regions of the world (Europe, North America, South America, Asia) and backgrounds, representing data protection authorities, civil society or other international organizations, attended the meeting in Ottawa, where they were welcomed by Commissioner Philippe Dufresne of OPC. The IWGDPT Berlin Group Meeting was held in conjunction with OPC’s international Symposium on Privacy and Generative AI.

Professor Ulrich Kelber, Federal Commissioner for Data Protection and Freedom of Information in Germany, Chairperson of the IWGDPT, said: “I would like to thank my colleague in Canada, Commissioner Philippe Dufresne, for his generous hospitality and excellent organization of the Berlin Group’s second meeting in 2023. With this successful event, the Group was once again able to demonstrate its enhanced productivity and sharpened focus on future technologies. Both technologies are suitable to have a deep impact on the private and everyday life of people, and therefore protecting privacy is an essential requirement when it comes to applying those technologies. Of course, the IWGDPT Berlin Group depends on the commitment and engagement of its members, and I am very pleased that the latest meeting of the group, as the meetings before, was a very energetic one.”

The Privacy Commissioner of Canada, Philippe Dufresne, highlighted the importance and value of international collaboration and, in particular, that of the Berlin Group.

“I want to congratulate the Berlin Group members for their valuable contributions, which feed into common discussions among data privacy authorities, and also inform the approaches that we take in our regulatory work. It is an honour to have hosted you in Ottawa and to share and exchange on such cutting-edge subjects.”

“Together with the Berlin Group, privacy regulators around the world have been working closely to identify ways to promote and protect the fundamental privacy rights of our citizens while at the same time allowing innovation to support the public interest and a strong economy.”

The 72nd IWGDPT Berlin Group meeting facilitated constructive debates and an exchange of views on important and upcoming future technologies. As an inspiring start, OPC had organized a “Privacy & Generative AI Symposium” as a separate event, which reflected on “Generative AI as a Technology (opportunities and risks)” and on “Generative AI Governance (standards and regulation)” as well as on “Innovation and Human Rights in the context of Generative AI.” On the same day, OPC had published a set of Principles for responsible, trustworthy and privacy-protective generative AI technologies.

Later on, during the IWGDPT meeting, group members dived into technical discussions of the working papers. A new paper on the topic of “Central Bank Digital Currencies” had been elaborated and prepared by a drafting team led by the EDPS. After an intense and productive exchange of views, it was supported by the IWGDPT Berlin Group at the meeting in Ottawa. A written procedure to formalize the adoption will follow. The Group also discussed other topical papers, which were in earlier states of preparation, and agreed on continuing to work on these topics, which are “Data Sharing”, “Neurotechnology” and “AI and LLMs (Artificial Intelligence and Large Language Models)”. Due to the elevated urgency of AI and LLMs and its potential consequences for our digital society, it was decided to apply a “fast track” way of working on that paper - with a view of having it ready for adoption at the next IWGDPT Meeting.

Both the Chair and the host were delighted to welcome again the United Nations Special Rapporteur on the Right to Privacy (UNSRP), Dr. Ana Brian Nougrères, to a meeting of the IWGDPT Berlin Group. The Group reconfirms its commitment to support the work of the UNSRP during her mandate in the context of technology and data protection. The IWGDPT took note of the publication of the Joint statement on privacy and democratic rights, which was signed by Commissioner Philippe Dufresne and Dr. Ana Brian Nougrères, the United Nations Special Rapporteur on the Right to Privacy, in order to celebrate Human Rights Day 2023 and the 75th anniversary of the proclamation of the Universal Declaration of Human Rights by the United Nations. Also the IWGDPT Berlin Group is aware of and highlights the elevated significance of data and privacy protection as fundamental rights and the need to uphold them with regard to future technologies, too.

The next meeting of the Berlin Group will take place on June 17-19, 2024 in Oslo, hosted by Datatilsynet, the Data Protection Authority of Norway.