Serious Privacy

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You have the Right to Rights in Law Enforcement (with Katherine Quezada Tavárez) May 05, 2021

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Every year, in the final week of January, privacy professionals from around the world assemble in the north of Brussels for the Computers, Privacy and Data Protection Conference. In recent years, on the final day, the European Data Protection Law Review awards a young scholar award and hosts a panel to discuss the nominated papers.

In this episode of Serious Privacy, Paul Breibarth and K Royal host the third of this year’s three finalists for the EDPL Award. Please join us for a conversation with Katherine Quezada Tavárez, a legal researcher at KU Leuven Centre for IT & IP Law (CiTiP) and LLM graduate of the Catholic University of Leuven, Belgium, but also holds a law degree from the Universidad Autónoma de Santo Domingo in the Dominican Republic, her mother country.

Katherine wrote her paper on the Impact of the Right of Access in the Balance between Security and Fundamental Rights, not just focusing on the GDPR, but also on the EU’s Law Enforcement Directive and the so-called PNR Directive (Passenger Name Record), on the collection and use of traveller’s data for law enforcement and counter terrorism purposes.

Join us as we discuss the rights individuals have to data held by law enforcement and why it is important that people know of these rights. Katherine provides some examples of how individuals may be impacted by incorrect information - which as you can imagine, could have disastrous consequences. Her main focus is on balancing the needs of the community (law enforcement) with the needs of the individual. Along the way, we also touch on Malta, the Dominican Republic, and FOIA (Freedom of Information Act in the U.S.).

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us!

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Oh what a week in privacy with Paul and K Apr 28, 2021

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In this episode of Serious Privacy, Paul Breibarth and K Royal tackle the slew of development (or non-developments) in privacy around the world. What a week in privacy! We had the proposal for AI Regulation published in the EU, the UK adequacy opinion, and of course, several privacy bills in states around the US, and the United States Supreme Court decision in AMG Capital Management, LLC et al. v. Federal Trade Commission, decided the morning of the episode recording.

The AI proposal has garnered much conversation, such as in this article by Politico and the summary by Dr. Gabriela Zanfir-Fortuna of the Future of Privacy Forum. Paul and K discuss various aspects of the proposal including a few unexpected recommendations, or lack thereof. However, the UK adequacy opinion was not as surprising, but quite interesting.

Once we turned to the US and state privacy bills, the end was near for several key states, and by the time this episode is live, we know that the Washington bill is dead once again. However, there remains hope for a couple of others given the dates of when sessions end, such as Florida - which we should know in a few days - it is scheduled for its third reading at this time. About 15 states still had bills at the time (see webinar on update by TrustArc on state privacy bills), and of course, the next legislative season may see more change.

The FTC decision by the USSC was top of mind given its impact on FTC authority, which also led to discussions of the federal privacy bill by Rep. DelBene which proposes quite an expansion of FTC authority. Please see this statement released by the FTC on the matter. This case was reminiscent of a prior case with LabMD (yes, different enforcement actions, but still speaking to FTC authority).

Join us as we discuss these developments and more in this episode of Serious Privacy. As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

It’s Not All About You: DNA and Group Privacy (with Taner Kuru) Apr 21, 2021

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In this episode of Serious Privacy, Paul Breibarth and K Royal host the second of this year’s three finalists for the EDPL Award. Please join us for a conversation with Taner Kuru, who holds a Bachelor and Master of Laws of Ankara University, in Turkey, and recently completed an advanced LL.M. in Law and Digital Technologies from the Leiden Law School in the Hague. He also just completed an internship at the United Nations Interregional Crime and Justice Research Institute (UNICRI) Centre for Artificial Intelligence and Robotics. (You can catch the first finalist from last week with Isabel Hahn on purpose limitation against big data and common practices.)

During this conversation, we discuss how Taner became interested in genetic privacy and then specifically why he researched the concept of group privacy in pertinent data protection laws, such as the European Union’s General Data Protection Regulation and Turkey’s Kişisel Verileri Koruma Kurumu (KVKK). His journey started with CRISPR babies, which led to DNA companies, such as 23andMe and AncestryDNA, and finally into posts on REDDIT and published stories on individuals who have been surprised at some of their DNA results. Given some of the dramatic accounts, Taner became intrigued about whether the privacy of individuals who share DNA is protected. In particular, how do you protect the privacy of groups?

Join us to learn more about this topic and his conclusions. We also discuss precision medicine, the Havasupai case, consent, ethics, and dating apps. Fascinating topics to cover in one episode.

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Pervasive Interference: A chat about Purpose Limitation (with Isabel Hahn) Apr 13, 2021

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In this episode of Serious Privacy, Paul Breibarth and K Royal host the first of this year’s three finalists for the EDPL Award on the podcast. Isabel Hahn holds a Bachelor of Laws degree from the London School of Economics and Political Science, recently completed an internship at NOYB and has just started a new internship with the European Data Protection Supervisor. Her paper focuses on the concept of purpose limitation, and the question whether or not it is still compatible with today’s data economy. Developments in privacy sometimes go so quickly, it is almost impossible to keep up.

Join us as we discuss purpose limitation and validating the concept against big data and common practices worldwide on the use of personal information. During this conversation, we cover a recent complaint in Austria against a credit rating agency, Article 5 of the GDPR, and characteristics of what Hahn terms data power companies: omnipresence in digital environment (builds insight into individuals lives), data volume (acquires and controls flow and repurposing), and ability to aggregate data. She believes that these three features combined lead to an asymmetry of value and a level of pervasive interference that is simply inequitable to the average consumer.

You will also hear about compatible uses, using legitimate interests to balance the need or desire for new uses of data, and contextual integrity as discussed by Helen Nissenbaum. Lastly, because of course we have to address it with such a promising new professional - what is next in Isabel’s plan - does she intend to continue with privacy as a career?

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

On Cloud 9 for the EU Cloud Code of Conduct Apr 07, 2021

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Demonstrating compliance is certainly not always easy, but under many laws, including the GDPR, it is a mandatory requirement. To facilitate the process, codes of conduct and certification schemes are becoming more popular, and it is no wonder they have been included in the GDPR as well. As we are on the verge of seeing the first codes of conduct to demonstrate GDPR compliance approved, Paul Breitbarth and K Royal discuss the EU Cloud Code of Conduct, which TrustArc is proud to support.
Join us and learn more about what the EU Cloud Code of Conduct entails, how it is supposed to work and what the benefits are of adhering to such a code. Oh, and don't be surprised for a little April Fools and Easter conversation this week too - the recording was made on 1 April...
As always, if you have comments or questions, please contact us at seriousprivacy@trustarc.com.
Resources

A downloadable version of the EU Cloud Code of Conduct
Details on the future Third Country Module, intended for international data transfers
Webinar with Paul on the Third Country Module

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

You Lost Me at Disinformation (with Wayne Unger) Mar 31, 2021

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This week on Serious Privacy, Paul Breitbarth and K Royal, connect with Wayne Unger, a recent law school graduate, that is already very much embedded in the privacy profession. As a non-traditional student, Wayne was an experienced professional and quickly dove into the academic side of privacy with the intent to combine the scholarship and practical side of privacy.

Wayne has authored three law journal articles, two of which are published and one is scheduled - going through a rewrite currently as he will discuss why during the conversation. The two published ones are:

In addition, Wayne has done a TEDx talk (modified given the circumstances) through TEDxASU program on Reclaiming our Right to Privacy.

Join us as we explore what brought Wayne to privacy, interdisciplinary technologies and cross-functional approaches to privacy. We also discuss credit scores, supply chains (along with a possible new venture), and the public’s awareness of privacy increasing - including the veracity of claims to anonymized data given the possibilities of re-identification. Paul added in an article on Estimating the success of re-identification in incomplete datasets using regenerative models. Altogether a fascinating conversation that includes a ship stuck in the Suez canal (which was freed March 26).

As always, if you have comments or questions, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

A March on Privacy: Paul and K Mar 26, 2021

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Developments in privacy sometimes go so quickly, it is almost impossible to keep up. In this episode of Serious Privacy, K Royal and Paul Breitbarth, talk about many of these recent developments in order to bring you up to date again.

Join us as we discuss the forthcoming stricter enforcement of cookie rules in France, a German court case prohibiting nudging end users towards accepting a privacy unfriendly option, and yet another set of CCPA Regulations. We welcome the appointments of the very first members of a specific privacy regulator in the U.S. (when will they join the Global Privacy Assembly?) and we talk about a court case in which a private right of action did prove to be possible under HIPAA.

You will also hear about the Arizona legislative debate about in-app purchase, possibly forcing Apple and Google to accept more payment methods than they do so far. Alas, the vote did not take place in the end. Finally, we break down some of the highlights of the Virginia Consumer Data Protection Act.

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

FDIC’s Chief Innovation Officer: Paper Clips and PbD (Sultan Meghji) Mar 16, 2021

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In this episode of Serious Privacy, K Royal and Paul Breitbarth host the new and first Chief Innovation Officer of the Federal Deposit Insurance Corporation (FDIC) in the US, Sultan Meghji. Sultan has a rich history as co-founder of Neocova which specializes in AI software for financial institutions, an adjunct professor at Washington University’s Olin Business School, a scholar of the Carnegie Endowment for International Peace, and an alum of the FBI Phoenix Citizens Academy - where he met K over a decade ago. But as the first Chief Innovation Officer, the initial focus is on - what is his job description?

It is clear that Sultan’s expertise flows across a broad span of what Serious Privacy’s listeners are interested in, such as security and privacy by design, technological innovation in the financial services, and how the US fits into the global market. Given that Sultan is new to the role, he does not yet have any major policy initiatives to announce, but did provide a teaser on some tech innovation which we should see come out in the near future and which fulfills the FDIC’s desire to advance financial technology on a rapid pace of adoption.

Join us as we discuss how the financial market has changed in the past few decades with artificial intelligence, cyberevents, and the ripples of the interconnectedness of the market and technology. We also peek into what the next few decades may look like, but the new normal that we are in, it is difficult to predict any certain future. We also discussed ransomware as a service, engineering resilience, and advantages of liberal democracies. Sultan did emphasize that he wants to hear from the public on ideas for or problems with financial services and technology and he can be reached at innovation@fdic.gov.

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Data Bunnies: the Internet, VPN, and Crypto (Dr. Steven "Seven" Waterhouse) Mar 09, 2021

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In this episode of Serious Privacy, K Royal and Paul Breitbarth connect with Steven (Seven) Waterhouse, PhD, CEO and founder of Orchid, a crypto powered VPN. Given his expertise and how it is harnessed for Orchid, we felt Seven would have quite a bit of technical insight into technologies commonly discussed in conjunction with data protection. He did not disappoint.

In this episode, Seven provides insight into the technical side of privacy and the foundations that underpin most concerns - the internet. But in addition, we discuss virtual private networks for consumers and enterprise - from the perspective of blockchain and crypto. The explanations are easy to digest for those who are not technical minded, but the conversation rises to the level that a technologist can appreciate the discussion. It is well-balanced.

Join us as we discuss in app purchases, a bill in Arizona on in-app purchases, ISP, and encryption. There is an “Easter egg” in there referencing back to one (or several) of our prior episodes. We also discuss reporters and safety in third world countries related to their communications, the matrix, bunnies, and privacy-focused technology. In addition, Orchid is offering a summit March 23-24 that is free (plus, TrustArc is doing a summit this week, also free).

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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Back the Board Game!
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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Data Diversity: Not just 1s and 0s (with Shoshana Rosenberg) Mar 02, 2021

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In this episode of Serious Privacy, K Royal and Paul Breitbarth connect with Shoshana Rosenberg, Deputy General Counsel for Privacy, Cybersecurity and Data Strategy, as well as CPO and Vice President at WSP USA. However, our conversation is more around the focus of SafePorter, a data trust providing valuable business insights, while respecting the privacy of employees.

In essence, the topic is how to address diversity, inclusion, and equity efforts and goals without compromising employee sensitive data. For example, companies should consider inclusivity in their hiring opportunities and internally within development operations, but there is a challenge in understanding progress without having to collect and understand the diversity among applicants and employees. Certainly, this topic touched on social justice issues that the podcast has discussed before, but this time, the conversation centers more on how companies can achieve their goals and before that, why they should have these goals.

Shoshana talked about developing Inclusion by Design and holding vendors accountable for inclusivity in their processes. Not an easy effort to manage, but yet with the right focus and goals, achievable. This expands pain points into opportunities to improve and engage corporate social responsibility. Join us as we discuss IbD in DevOps and being privacy centric, all while managing sensitive information of employees. We also touch on K-anonymity, the UK diversity and inclusion impact assessment, and potential non-profit or volunteer opportunities for privacy professionals.

As always, if you have comments or feedback, please contact us at seriousprivacy@trustarc.com.

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Subscribe today HERE
Back the Board Game!
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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

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