ADCG on Privacy & Cybersecurity

Latest Episodes:

NIST Privacy Framework Plays Role in National Privacy Discussion (with Naomi Lefkovitz and Dylan Gilbert) Nov 11, 2020

Show notes

In January 2020, the National Institute of Standards and Technology (NIST) released a voluntary Privacy Framework, a repository of resource materials and a roadmap to support continued collaboration between NIST and stakeholders from across government, academia, and industry on privacy risk management. The Privacy Framework raises important privacy principles and approaches that should be taken into consideration when discussing possible national privacy legislation. This episode features two NIST advisors who helped lead the development of the Privacy Framework: Naomi Lefkovitz, Senior Privacy Policy Advisor, and Dylan Gilbert, Privacy Policy Advisor.

San Francisco Fed Report Looks at National Privacy Policy (with Kaitlin Asrow) Nov 04, 2020

Show notes

The Federal Reserve Bank of San Francisco has published a report titled The Role of Individuals in the Data Ecosystem. The report is a comprehensive catalog of issues related to data rights and data protection for individuals. Notably, it concludes that "most of this regulation is limited to specific sectors or geographies and creates a complexity that is precarious for individuals and burdensome for businesses and government oversight. There is clear value in creating a foundation of data protection that extends across all entities and individuals in the U.S. and borrows from the possible lessons that current laws have taught us."

In this episode, Jody Westby and Jerry Buckley interview the report’s author, Kaitlin Asrow. The report offers a potential national legal framework for data governance, but also suggests the need for a significant rethinking of the ways in which we approach the legal structure for individual data protection. The report and our discussion with Kaitlin are a must hear for anyone seriously interested in understanding the way forward in privacy and data protection policy.

Nicole Booth and Elizabeth Young LaBerge Oct 28, 2020

Show notes

Data is the lifeblood of the financial services industry and personal financial data is among the most sensitive data that exists. An informal Financial Services Data Protection Working Group of national financial services trade associations has come together to respond to proposed state and federal privacy legislative proposals. Nicole Booth (Executive Vice President of Public Affairs, Notarize) and Elizabeth Young-LaBerge (Senior Regulatory Counsel, NAFCU) are playing leadership roles in Working Group. This episode will explore the data protection issues the financial services industry is grappling with at the state level and the prospects for national privacy legislation.

Kate Flocken and Tyler Griffin Oct 21, 2020

Show notes

Kate Flocken and Ty Griffin provide an up-close look at the current state of play for legislation that would create a national privacy/data protection regime. Kate is a senior policy adviser at Allon Advocacy LLC where she works with fintech and financial services companies to help them navigate complex policy issues, and worked for Senator Rob Portman of Ohio (a founder and co-chair of the bipartisan Senate AI caucus). Ty Griffin co-founded Prism Money, a consumer-focused bill payment tool, in 2012 and is now a managing partner at Financial Venture Studio, which invests in fintech startups.

Kate and Ty bring us a real time, close-up look at the legislative landscape from two points of view: Kate's close following of Senate and House legislative proposals and Ty's understanding of how these proposals will impact the fintech and other companies who are seeking to bring technology-based solutions to the marketplace. The legislative landscape on Capitol Hill is fluid and the results of the election will have a big impact on what way Congress decides to go. Further, there are multiple claimants to writing the rules with several congressional committees seeking a role. Even the core principles that will inform any national legislation are still up for debate. This episode provides a snapshot of where we are now and looks ahead at the issues that will need to be resolved if national privacy legislation is to become a reality.

Daniel Solove Oct 07, 2020

Show notes

Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School. He is also the founder of TeachPrivacy, a privacy and cybersecurity training company.

Professor Solove provided one of the inaugural podcasts of the ADCG series and discussed the current privacy landscape including the CCPA, the EU GDPR, and the EU Court of Justice decision invalidating the US Privacy Shield. Against this backdrop, Prof. Solove discussed whether a federal privacy law is more likely now than in the past and, if so, what such a law might cover and how close it might get to the GDPR or the CCPA. In this discussion, Prof. Solove also discusses the American Law Institute (ALI) Principles of Data Privacy, which propose comprehensive privacy principles for legislation that are consistent with key foundations in the U.S. approach to privacy, but also better align the U.S. with the EU. The Principles will likely be influential in future policy discussions, especially with respect to notice and choice. Finally, the podcast explores with Prof. Solove potential stumbling blocks that are likely to be encountered in discussions regarding a federal privacy law.

Jim Dempsey Oct 06, 2020

Show notes

Jim Dempsey is the Executive Director, Berkeley Center for Law and Technology and formerly held leadership roles at the Center for Democracy and Technology. Jim Dempsey provided one of the inaugural podcasts of the ADCG series and discussed the lengthy and unsuccessful attempts to enact a federal privacy law. In light of the EU GDPR, California’s passage of the CCPA, and the EU Court of Justice invalidating the US Privacy Shield, he ponders whether the U.S. needs a federal privacy law and what that might look like. The discussion covers likely stumbling blocks to a federal privacy law, such as preemption of state law and a private right of action, similar to that provided in the CCPA. As a professor of cybersecurity issues at UC Berkeley, Jim also explores the potential cybersecurity aspects of privacy legislation and the role cybersecurity requirements have played in breach notification laws.

Welcome to the U.S. National Privacy Legislation Podcast Sep 21, 2020

Show notes

This podcast will explore:

What would national legislation look like? On what principles would it be based?
What are the arguments for and against a preemptive national standard?
What federal agency or agencies should be charged with implementing a national privacy law?
What role would be left to the states if a national policy were to be adopted?
How is congressional debate likely to unfold?
What role will the executive branch play in this debate?
Will the United States, where the digital economy was born, cede leadership on data protection regulation to other countries?
How would a U.S. national privacy law relate to the EU General Data Protection Regulation (GDPR)?
What domestic and international competitive issues are in play?

All points of view, pro and con, will be heard on these podcasts.

Show Notes:

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