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The laws governing legal advertising in some states require the following statements in any publication of this kind:
“THIS IS AN ADVERTISEMENT.”
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The Data Privacy Detective explored in prior podcasts the broad scope of personal data, the differences between controllers and processors and other matters, including how processing can be lawful. That includes several specific, limited instances when acquisition and use of personal data can be legitimate in the absence of express consent of the persons whose data are held.
The EU’s GDPR – the General Data Protection Regulation – becomes law on May 25, 2018. This podcast explores what processing of personal data as defined by the GDPR is considered lawful. “Processing” is defined very broadly by Article 4.2 to encompass a wide variety of ways in which personal data are held or used. Article 6 describes what constitutes “Lawfulness of Processing.” It lists six alternatives for when processing is lawful. The first and most basic is if “the data subject has given consent to the processing of his or her personal data for one or more specific purposes.” Express consent is at the heart of the European approach to personal data protection. But consent is not the sole basis for lawful processing of personal data.
The GDPR defines personal data very broadly. But it is not an all-encompassing effort to protect all personal data from every conceivable use or misuse. “Personal data” is defined by Article 4.1 as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” This defines personal data to include relatively non-sensitive information such as a phone number or email address, as well as more sensitive information such as biometric, genetic and other information about a person. The GDPR does not protect the data of legal entities. Only personal data of natural persons are addressed. Business, non-profit organization and government data are not covered. (Recital 14). Only data that relate to an identified or identifiable natural person are regulated by the GDPR. (Article 4.1)
Businesses collect, use and store personal data. It’s unavoidable. An email address, phone number, birthdate, postal address – these are all personal data that allow someone to identify or contact an individual. Other information is far more sensitive, such as health information, religious preference, political beliefs, race or ethnic origin, sexual preference, and financial details. The European Union’s General Data Protection Regulation (GDPR) classifies businesses that hold personal data as controllers or processors. The GDPR applies directly to both controllers and processors, but in different ways. This podcast explores the meaning of controller and processor and how cross-border businesses can meet the differing requirements imposed by the GDPR.
How does a non-EU business know if it must comply with the GDPR? And what specific things are required if the answer is yes? This podcast explores these questions, detailing the specific activities that require a non-EU business to comply with this EU regulation. Merely having a website is not enough. But if a company aims to sell goods or services to Europeans or to monitor the behavior of EU citizens or residents, compliance is expected. Conducting a data inventory and creating a data map are first steps to determine how a cross-border business can deal with the GDPR and comply with its requirements.
On May 25, 2018 the European Union’s General Data Protection Regulation becomes law – not just within the EU but everywhere in the world in some respects. It is deliberately extraterritorial. The EU is serious about compliance with the GDPR. Fines can be as high as 4% of a company’s gross revenues or 20 million Euros. The Data Privacy Detective launches a thorough exploration of the GDPR with this podcast, starting with the history, the context and the GDPR’s basic aim of protecting the personal data of its citizens and residents.
In this podcast, the Data Privacy Detective talks about tech support scams with Michael Severini, Director of Information Security for one of America’s large law firms, Frost Brown Todd LLC. A tech support scam can start with a phone call claiming to provide computer support and security. But increasingly this scam pops up when you click on a website and your screen freezes, with a warning page that your pc is infected and you need to call a toll-free number immediately for help. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.
The risk of the Internet of Things (IoT) is far more than a stolen credit card number or a banking loss. The risk could be mortal and pervasive if a critical device is hacked and a malicious command is issued through the IoT.
Phishing is an effort by cybercriminals to use bait in the guise of a familiar email address to hook you into revealing your sensitive information. This podcast tells a real story of two college professors who were initial victims of a clever evolution of a phishing scam.
On July 25, 2017, the FBI issued a TLP:AMBER alert on its Cyber Watch system about an elaborate cyber-criminal attack underway by sources believed to originate from Iran. The Alert lists about 200 domain names and IP addresses that individuals and businesses should avoid. The Alert lists four actions that all persons and businesses should take to avoid being harmed, not only by this attack, but to address the burgeoning rise of malware and other attacks against our data privacy and use of the internet.