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What do serial killers, employees who don’t want their fingerprints shared and a U.S. Senator have in common? Data privacy. In this podcast, Victoria Beckman, Co-Chair of Frost Brown Todd’s Privacy and Data Security Team, discusses this and other news. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
The Data Privacy Detective turns the spotlight on five American data privacy developments in a conversation with Melissa Kern, Co-Chair of Frost Brown Todd’s Privacy and Data Security Team. 1. California’s data privacy law, CCPA, comes into force in 2020. It’s occupied attention because of California’s size and its potential extraterritorial application. It provides limited rights for individuals to sue companies that violate CCPA, restricted to certain cases of data breach. Privacy advocates were disappointed when the California State Senate rejected a bill to empower individuals to sue companies that violate any part of CCPA, a big win for the tech sector in America’s largest state. 2. In the absence of an overarching U.S. law, the statutory action in data privacy has been on a state level, as in California. But the Network Advertising Initiative foresees the need for national standards and intends to fill that role as a Self-Regulatory Organization (SRO) rather than have a national law that could be less friendly to business interests. It issued a revised Code of Conduct 2020. A key upgrade requires opt-in consent of persons whose location data will be collected from various devices. 3. WhatsApp users were stunned to learn that spyware could be implanted on their phones without their knowledge. WhatsApp promptly issued an upgrade to be downloaded at no charge that was said to fix this stealth attack, permitted by exploitation of a buffer-overflow vulnerability. Another privacy embarrassment for Google, though one promptly addressed. 4. San Francisco became the first city known to prohibit use by city agencies of facial recognition technology. Other cities are considering similar bans. Unlike local laws banning cameras to catch drivers going through red lights, this ban restricts the use of analytical technology without barring devices that take photos without our express okay. 5. Google is rolling out settings on its Chrome browser that will enable users to delete 3d-party cookies. This will be optional, as some individuals may want to go to their grocery store and have their device tell them about a discount on their favorite foods and beverages without being asked. Others find it creepy that our whereabouts are not only being monitored by third parties but are used to stay in touch with us without our asking them to come along for the ride. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
The May 2-3, 2019 International Association of Privacy Professionals Conference featured leading U.S. officials and participants in the data privacy field. Mike Nitardy, a certified Privacy Professional (U.S.) and data privacy attorney at Frost Brown Todd LLC shares highlights from the conference. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
Picture frontline employees – like those at a motel’s front desk. In come ICE agents with gold badges asking to see guest logs, aiming to identify and track down undocumented aliens. What’s the desk attendant to do? Most likely, cooperate without thinking it through. This led to costly problems for Motel 6 – a $12 million settlement in the State of Washington alone. The lesson is this – don’t let frontline employees decide whether to turn over personal data of guests or customers. That’s a big decision that should be made at a higher level, in sync with the company’s privacy policy. This podcast explores what happened to Motel 6 and draws lessons for what a business should do to safeguard the privacy of customer data. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
Businesses have far more personal data than they think they have, and information expands by the hour. This is a key finding from an April 2019 Data Privacy Maturity Study from Integris Software – www.integris.io. Data flows change daily, and yet many businesses rely on spreadsheets and annual surveys to learn what data they house, resulting in inaccurate information that risks reputation and non-compliance. Kristina Bergman, Integris’ founder and CEO, offers important insights in this podcast about how business can deal more effectively with avalanches of data and blizzards of national and state data privacy regulation through an automated approach to the inventory of data. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
Businesses hold vast amounts of digital and hard copy data. Much is personal data regulated by differing country and state laws and rules. The first step towards personal data privacy compliance is to know what personal data are held by a company. But traditional means of inventorying personal data undercount and are almost always behind the curve of time. Network analytics is the answer to this challenge. In this episode, the Data Privacy Detective has a conversation with 1touch’s CCO Mark Wellins, and they explore how to discover, map and flow data in a more comprehensive and timely way than traditional methods allow. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
Data incidents arise regularly for businesses. The perpetrators range from sophisticated scoundrels seeking a quick ransom payment, to foreign governments conducting industrial espionage, to thieves seeking inside information, to distant hackers seeking personal data to sell on the dark web. When an incident arises, companies turn to legal counsel as part of the response team. In this podcast, Bob Dibert, a Frost Brown Todd attorney with 30 years’ experience and a veteran of data incidents, discusses how incidents arise and how they’re handled. There’s a three-step approach when an incident arises: 1. Contain: Immediately aim to stop further leakage and prevent additional harm from arising. 2. Counsel and Plan: Promptly analyze the scope and nature of the incident, what needs to be done to address it both immediately and longer term. 3. Remediate: Solve the problems, remedy the damage, notify those affected if required. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
The European Commission issued its second review of how the EU PrivacyShield is working in late December 2018. Over 4,000 U.S. firms have signed up so far for this method of dealing with the GDPR (General Data Protection Regulation) of the European Union that protects personal data of its residents. The Commission’s report approves U.S. efforts to support the bilateral agreement that supports the Privacy Shield, with one important matter to be address in February 2019. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
China should never be viewed through a foreign lens. And yet, what other lens do we have from the USA or most of the world but to do just that? Bloomberg News reported two statistics on November 21, 2018 that will shock most non-Chinese citizens – “By the end of May, people with bad credit in China have been blocked from booking more than 11 million flights and 4 million high-speed train trips, according to the National Development and Reform Commission.” If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
Russia governs personal data of its residents based on a generally applicable law. As a federal country, Russia has rules below the federal law, but they conform to standards set by statute throughout the nation. Though not as comprehensive as Europe’s broadly extensive General Data Protection Regulation (GDPR), Russia’s statute aims to protect the personal data of Russians similar to the GDPR’s approach. Concepts of consent of persons to use their data, privacy by design, data minimization, cybersecurity minimum standards and other principles are augmented by a data localization focus different from the GDPR.