Frost Brown Todd Podcast

Latest Episodes:

Episode 47 - Cookies and California, Businesses Beware Dec 23, 2019

Show notes

Cookies in the internet sense are packets of data that a persons’ computer receives when visiting a website. Without a cookie sent by an online retailer, every time one moves to a different page on a site, the visitor would need once again to supply account data and other information – a terrible burden! But cookies also represent a potential threat, as disguised cookies can install viruses or malware on our computers, and supercookies and zombie cookies pose other threats to personal privacy. Because a cookie can represent a third party that is accessing personal information of someone visiting a website, website owners and operators must consider whether the data streams arising from this use and the sharing with cookie senders amount to activity governed by the CCPA (or other states with similar or evolving data protection laws). William Morriss, an attorney with Frost Brown Todd, LLC who advises numerous tech and other companies about software and internet matters and himself a former computer programmer, explains in this podcast the link between cookies and California and discusses what a business can do to determine its cookie status and comply with the CCPA if required to do so. Make it a New Years Resolution for 2020 to get ahead of the cookie compliance curve so that cookies don’t become commercial indigestion!

Episode 46 - Finland Leads The Way In The Secondary Use Of Health And Social Care Data Nov 17, 2019

Show notes

Medical data are considered particularly sensitive personal information. Laws and regulations in most countries, including the USA and throughout Europe, generally aim to restrict sharing such information with the target of building privacy walls around each person’s data. But making such health data available more broadly is key to improved medical care, research and the advance of health science. Finland is the first country known to have adopted an approach to allow third parties to access health data for the purposes of scientific research, drug and health technology development and knowledge-based management in social and health care. Researchers, service developers and other legitimate data users will be able to collect, combine and process data from Finnish registries smoothly and securely. While most data will be anonymized, for particular applications individual identities can be shared. Those seeking access to such information will apply to a central authority that will screen applications to approve legitimate uses of Finland’s substantial database. It will accept applications for access starting in early 2020. Helsinki attorney Markus Myhrberg, member of Lexia explains how this will work in this podcast with the Data Privacy Detective. Markus heads Lexia’s IPR, data protection and marketing practices. The Finnish Act on the Secondary Use of Health and Social Data was adopted on March 13, 2019 and became effective on May 1, 2019. The text of the Act is available in Finnish, in Swedish and in English. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 45 - Will the "Right To Be Forgotten" Rewrite History? Oct 14, 2019

Show notes

California Consumer Privacy Act (CCPA) and the so-called European "right to be forgotten" are hot topics as summer turns to autumn. With the CCPA coming into effect on January 1, 2020 amendments to modify it abound in the legislature. Stay tuned for a final Act! Even so, the driving force behind the Act’s passage, Alistair Mactaggart, is not trusting the legislature. Watch for voters to decide directly what California’s law will be in 2020 at the same time they vote on America’s president. The EU’s "right to be forgotten". Media announced a victory for Google from the European Court of Justice (ECJ), claiming that the "right to be forgotten" under GDPR cannot be enforced outside the European Union and its 28 (soon to be 27?) countries. The ECJ’s September 24 ruling was on Google’s request for a preliminary ruling on appeal from the French Government’s 2014 order that Google delink globally its search engine from sites containing embarrassing or out of date information. The "right to be forgotten" still raises some questions. Where will the lines be drawn? Could governments order a business to remove truthful but embarrassing information about an individual gained from a police report? If the story was published in a book, do those pages need to be torn out of history? Where will the balance between freedom of the press and individual privacy land? This is a task now for courts and a risk for website and media businesses. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 44 - First Week Of Fall 2019 Data Privacy News Rundown Sep 22, 2019

Show notes

What do Ecuador, San Diego, the FBI and Bayfront HMA Medical Center have in common? They’re all in data privacy news this first week of fall 2019. This podcast episode checks the data privacy temperature around the world this week. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 43 - What You Need To Know About Maine’s New Privacy Law Aug 28, 2019

Show notes

Sometimes it seems the United States is more a loose federation than a national government. States have a major role in law-making. Data privacy is no exception. A recent law adopted by the State of Maine differs greatly from the California act that will come into force on January 1, 2020. Maine’s law will be effective on July 1, 2020. This podcast hits the highlights of it. Melissa Kern, Co-Chair of Frost Brown Todd LLC’s Privacy and Data Security Team explains that the Maine law applies to broadband internet access services – the folks who bring us access to the internet – not website hosts, not everyone holding personal data – but providers like ATT and Spectrum as well as regional internet access providers. If a provider has even one customer in Maine that is billed for service there, the Maine law applies. There’s no safe harbor threshold. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 42 - Encryption: When Data Privacy Best Practices Are Not Aug 15, 2019

Show notes

Encryption is often thought of as the basic and best cybersecurity approach to protecting data in transit or in flight. As guest Ken Morris, CEO and founder of KnectIQ, argues, it’s not. Encrypting data is an essential practice, but it’s really not the problem or the solution. Instead, any organization must consider its keys. Best practices in cybersecurity in 2019 require new technologies that address the role of and threats to keys. Once a hacker gets access to a key, the data are there to be taken, even without the data controller or processor knowing that the thief has entered the storeroom. As the day of quantum computing approaches, it will become ever more certain that encryption alone is inadequate to protect data in flight. This is becoming known to the authorities. And that is not an idle thought. Article 32 of the EU’s Global Data Protection Regulation, GDPR, forces possessors of personal data to consider the “state of the art” in deploying systems to protect personal data. And the increased sophistication of corporate espionage demands new thinking on how to prevent data break-ins. This podcast is a primer on how to think differently about cybersecurity and how the best practices of yesterday are no longer those of today. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 41 - Hong Kong and Data Privacy Aug 05, 2019

Show notes

One country, two systems – that’s the 50-year agreement that led to Hong Kong’s becoming part of China in 1997. This remains an evolution in progress. Hong Kong retains many of its systems independent of the PRC and yet is part of China. What does this mean for data privacy and the rules that apply to business in this powerhouse commercial center? Padraig Walsh, a privacy leader at the prominent Hong Kong law firm of Tanner De Witt, provides insight into how multinational firms should view Hong Kong for digital services. Hong Kong’s 1996 data privacy law was a pioneer at the time in establishing a legal framework for protecting personal data and regulating companies that handle data flows as controllers or processors. If one asks is it like China’s or the EU’s or the USA’s approach to data privacy, the answer is that it is much more like the EU or USA approach than China’s. It was adopted in the final months of British sovereignty. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 40 - Avoiding Cyber-Disasters: The Human Element Jul 09, 2019

Show notes

No business or individual wants to be the victim of a disaster. Cyber-attacks can cause exactly that. Individuals are the first line of defense for personal privacy and cybersecurity. For businesses, it’s essential to train everyone associated with data systems to avoid letting hackers and other criminals into the network that holds data, Dr. Gleb Tsipursky explains in this podcast how disaster avoidance requires an approach based on emotional intelligence and training based on human psychology. While firewalls, policies and procedures are essential for protecting a company’s data flows, so is effective training of personnel – of employees, contractors, others who hold the keys to accessing a company’s computer systems. Freezes of entire company systems caused by ransomware, thefts of financial and intellectual property by hackers, improper releases of personal data of customers – these and other crimes of the digital age are often caused by one individual’s careless acts in letting a thief enter a business’ digital gateway. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 39 - GDPR One-Year In: The UK Experience Jun 28, 2019

Show notes

The EU’s General Data Protection Regulation (GDPR) turned one year old on May 25, 2019. What’s been the experience? Kim Walker, Co-Chair of the Privacy Team of Shakespeare Martineau, a premier UK law firm, provides insight into how this comprehensive law of personal data privacy has unfolded in the United Kingdom. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 38 - India and Data Privacy, Get Ready! Jun 20, 2019

Show notes

India is about to enact a comprehensive data privacy law that will force global and Indian businesses to revise their approach. Stephen Mathias, Co-Chair of the Tech Team at Kochhar & Co., one of India’s premier law firms, explains how India will shift from relatively lax regulation of data privacy to one of the world’s most protective regimens once the new bill is enacted. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

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