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United States Privacy Digest | Notes from the IAPP, Oct. 7, 2022 Related reading: Notes from the IAPP, Sept. 30, 2022



Greetings from Portsmouth, New Hampshire!

U.S. privacy folks have waited with bated breath for U.S. President Joe Biden to drop the executive order fulfilling the U.S. commitments to standing up EU-U.S. data flows under the Data Privacy Framework. The wait ended earlier Friday and the IAPP has you covered with a rundown of stakeholder reactions and initial analysis from IAPP Vice President and Chief Knowledge Officer Caitlin Fennessy, CIPP/US.

Hopefully our coverage can be of some value, but hearing from people directly involved in negotiations may offer a better window into impacts and the road ahead. Well, the IAPP can help with that too.

Next week at the IAPP Privacy. Security. Risk. 2022 in Austin, Texas, U.S. Privacy Shield Director Alex Greenstein will chat one-on-one with Fennessy. The session will hopefully pull back the curtain on everything in the executive order, what's next in the process for the EU and the U.S. negotiators, respectively, and discuss the potential light at the end of the tunnel for an EU-U.S. Privacy Shield replacement.

Besides helping illuminate the EU-U.S. data flows discussion, P.S.R. arrives at an important time for privacy pros trying to wrap their heads around a range of topics. The two-day program tries to cover a bulk of those issues falling on professionals' shoulders, helping to reaffirm thinking or open eyes to overlooked issues and a new path forward.

Here are some of the key topic areas being covered:

  • Post-Roe v. Wade privacy: Health care providers and businesses that process personal information face serious procedural questions and shifts following the U.S. Supreme Court's Roe v. Wade reversal. One conversation including privacy leaders at Walgreens and Rite Aid will try to unpack some of those questions. An opening general session panel will dive into will take a different tact, exploring decision's impacts on the U.S. constitutional right to privacy, the concept of bodily autonomy and more.
  • Artificial intelligence: By my count, there are five sessions, including a workshop and a keynote speech, that speak specifically to various issues concerning AI while other sessions may raise issues in passing. Algorithms and machine learning are becoming a fixture in everyday life and can't be ignored any longer from a protection standpoint. Slate of sessions available will shed light on acting now and for the future.
  • FTC in focus: We're likely to learn more about the U.S. Federal Trade Commission's commercial surveillance and lax data security rulemaking plans as FTC Commissioner Rebecca Kelly Slaughter returns to P.S.R. for remarks. There is an intriguing panel featuring FTC Division of Privacy and Identity Protection Assistant Director Mark Eichorn sitting down with a plaintiff's lawyer, a compliance lawyer and Netflix Director of Data Privacy and Security Jack Yang to discuss the future of U.S. privacy regulatory framework.

IAPP Editorial Director Jedidiah Bracy, CIPP, Staff Writer Alex LaCasse and I are headed to Austin to cover the news as it breaks. If you're attending, don't hesitate to seek us out and give us a hearty hello. We love connecting with and hearing from our readers.

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