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The Privacy Advisor | Heard around DC — Roundup and reflections for March 25, 2022 Related reading: Heard around DC — Roundup and reflections for March 14, 2022



Even as the U.S. capital celebrates the return of cherry blossoms, flags have dropped to half-staff to mark the death of Madeleine Albright. Reflecting on Albright’s inspirational diplomatic career, one can’t help but wonder which lapel pin she would have chosen to wear to a Privacy Shield negotiation. The internet is also mourning the loss of the creator of the GIF, Stephen Wilhite (as The Verge reminds us, it’s pronounced "jif"). Meanwhile, technology policy nerds comfort ourselves by creating March Madness-inspired brackets to determine everything from the best privacy movie, to the most prophetic work of speculative fiction, to the most misunderstood legal concept. Here's what’s happened since the last roundup:

  • Top-level U.S.-EU agreement paved the way for a renewed Privacy Shield. After months of intense negotiations, U.S. President Biden and EU President von der Leyen announced an agreement in principle on trans-Atlantic data flows. Full analysis here
  • The FTC reminded us we can’t have data security without privacy. In a draft settlement with the operators of related to multiple data breaches, the Federal Trade Commission included charges about insufficient privacy practices: incomplete data deletion, data uses exceeding stated purpose limitations, and data stored indefinitely ‘without a business need.’ Coincidentally, the IAPP is hosting a webinar about data retention on March 29.
  • NIST announced two updates to its work on AI bias. In a revised special publication, the National Institute of Standards and Technology recommended “widening the scope” of the search for sources of algorithmic bias “beyond the machine learning processes and data used to train AI software to the broader societal factors that influence how technology is developed.” At the same time, NIST published an initial draft of its AI Risk Management Framework, with comments requested through April 29.
  • State privacy regulators welcomed “thoughts and concerns” from privacy professionals. The Colorado attorney general is seeking informal comments along a broad range of issues related to the implementation of the CPA. Meanwhile, the California Privacy Protection Agency posted a form to request to speak at “stakeholder sessions” to be scheduled later.
  • Can you un-ring an algorithm? Protocol published a follow-up article on the FTC’s new remedy of algorithm disgorgement, predicting that it "could get very messy."
  • Privacy leaders on the move.
  • Boston University School of Law announced the appointment of professor Woodrow Hartzog to its faculty. It’s a good opportunity to re-watch his keynote reflections problematizing the notion of "control."
  • In a heartfelt LinkedIn post, Amelia Vance announced her departure from the Future of Privacy Forum, where she led the Youth and Education program, to focus on ‘hands-on work’ as an independent consultant.

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