(Oct 2, 2015) There has been no shortage of opinions and concerns about the future of the EU-U.S. Safe Harbor framework, especially after last week’s opinion from European Court of Justice (ECJ) Advocate General Yves Bot. With an ECJ decision on the matter expected next Tuesday, October 6, former General Counsel and Acting Secretary of the U.S. Department of Commerce and current Sidley Austin Senior Counsel Cam Kerry says the final decision “raises the prospect of a swift ‘one-two punch’” to the agreement. “Nevertheless,” he writes, “the Bot opinion provides a path forward for the European Commission and the U.S. based on their ongoing negotiations for reform of the agreement.” In this post for Privacy Perspectives, Kerry dives deep into the opinion and offers up his view on the potential consequences about this significant and developing case. Read More

Daily Dashboard, Europe Data Protection Digest

FTC and FCC Aren’t Batman vs. Superman

(Oct 2, 2015) On the main stage at Privacy. Security. Risk. this week was what some may have expected to be a showdown between reportedly warring regulatory agencies, but the Federal Trade Commission's Jessica Rich and the Federal Communication Commission's Travis LeBlanc shut down those rumors quickly. “Let me say it,” LeBlanc said. “There is no Batman vs. Superman. Together, we're the Justice League.” LeBlanc and Rich said the agencies work very closely together and have a long history of doing so. In this feature for The Privacy Advisor, Angelique Carson, CIPP/US, highlights the key takeaways from the keynote panel—including LeBlanc’s recommendation for the creation of a federal inter-agency privacy council. Read More

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Privacy Start-Ups—And Doing Privacy at Start-Ups

(Oct 2, 2015) Despite Privacy. Security. Risk. being in Las Vegas this year, it still had a whiff of Silicon Valley, with a number of start-up technology firms exploring the challenges of doing privacy in an agile, start-up environment in such sessions as “The Internet on Your Terms—New Innovations in Privacy and Security” and “Privacy, Security & Risk in Collecting Personal Data at Tech Start-Ups.” As one panelist noted, “You have to hire privacy people and spend money on them. And spending money on privacy might not be the highest priority.” Sam Pfeifle has all the details in this exclusive for The Privacy Advisor. Read More

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15 Million Affected in Breach

(Oct 2, 2015) Experian has confirmed that approximately 15 million customers, including T-Mobile users “who had applied for Experian credit checks, may have had their private information exposed,” The Guardian reports. “The unauthorized access was in an isolated incident over a limited period of time. It included access to a server that contained personal information for consumers who applied for T-Mobile USA postpaid services between Sept. 1, 2013 and Sept. 16, 2015,” Experian’s website states. Experian and ... Read More

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Cook: “Privacy is a Fundamental Human Right”

(Oct 2, 2015) Apple CEO Tim Cook discusses the company’s privacy philosophies in an interview with NPR, noting “privacy is a fundamental human right that people have.” While “we do think that people want us to help them keep their lives private,” Cook says that the company’s emphasis on privacy “comes from a values point of view, not from a commercial interest point of view. Our values are that we do think that people have a right to privacy. And that our customers are not our products. We don't collect a lot of your data and understand every detail about your life. That's just not the business that we are in.” Read More

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Big Data and the Privacy Policy

(Oct 2, 2015) Privacy policies are necessities when handling big data, Bryan Cave LLP’s Michael Lanahan writes for Lexology, and while they “are not one-size-fits-all documents,” California’s state requirements for privacy policies are a good place to start for those looking to pen their own. Lanahan notes privacy policies must indicate the type of PII used and who views it; disclose how the organization handles do-not-track requests, and be “conspicuously posted,” to name a few. “With big data comes big resp... Read More

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The DNT Standard and Competition

(Oct 2, 2015) Those Internet firms that took up the Federal Trade Commission’s mantle to create a do-not-track (DNT) standard, which is receiving comments until October 7, “are deciding on the rules of the game,” Allen Grunes writes for Politico. “What started as a tool intended to increase consumer protection now looks more like a way for the big players to limit competition,” Grunes writes. The DNT standard is not final, he notes, “and a closer look at what’s actually happening with the standard gives us a chance to fix it—and even imagine a fairer new version that would protect both consumers and competition.” Read More

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Are Political Parties Violating CASL?

(Oct 2, 2015) Via their email campaigns, “Canadian politicians may be violating Canada's Anti-Spam Legislation (CASL), the very law they helped enact,” MediaPost reports. Citing a study from Toronoto-based itracMarketer, an email marketing and CASL compliance software provider, the report suggests, “Canadian politicians may need a more compliant marketing staff because every political party failed at providing clear consent and permissions on their email collection pages.” The study looked at the country’s fo... Read More

Canada Dashboard Digest, Daily Dashboard

Time To Close the Backdoors

(Oct 2, 2015) Backdoors for encryption tools undermine privacy, Cam Kerry writes for The Boston Globe. “No amount of magical thinking can undo the contradiction between promoting strong encryption as a defense against the barrage of identity theft, espionage and other cybercrimes while opening up new vulnerabilities,” Kerry says. “There is an acute need to strengthen data security everywhere and no realistic way to leave a door open for good guys and democracies that have rigorous checks and balances but not for cybercriminals or authoritarian states … The time has come for the president to shut the door on backdoors and send a clear message to the world that American technology is a trusted instrument of freedom.” Read More

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Uphill Battle for Precision Medicine Initiative?

(Oct 2, 2015) The Precision Medicine Initiative, “the ultimate healthcare big data project,” may have a rocky privacy road ahead, GovInfoSecurity reports. "Security is an issue because you have such an enormous volume of data, including very sensitive data about lots of people," said Wiley Rein’s Kirk Nahra, CIPP/US. "So the security issues aren't any different than you'd see in any big healthcare setting,” he notes, adding, “the privacy components are a little different and something that the government is trying to be very clear and explicit about when they are enrolling people into this program." The initiative’s privacy challenges include the question of “what can be done with the data being collected," Nahra said. Read More

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