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(May 24, 2016) The recent breaches at a number of well-known law firms, not to mention the Panama Papers, may or may not be an anomaly. Either way, the size of a law firm isn’t necessarily relevant when a cyber breach hits. Whether your company is Fortune 500, middle-market or even a mom-and-pop, you’re at risk of a breach. It doesn’t matter whether the intrusion is attributable to malicious activity or simple employee or third-party negligence; the effect is the same. Your clients’, customers and employees’ s... Read More

Privacy Perspectives

Why ‘sextortion’ is part of a larger privacy and cybersecurity issue

(May 13, 2016) It’s a funny name, but "sextortion" is a serious issue cascading through the digital world. It has serious consequences for its victims, and it needs serious solutions from government, business, and society. So what exactly is sextortion? It’s a sex crime in which a perpetrator blackmails a victim by acquiring personal information - typically pornographic images of that victim - and then demanding more under threat of posting those images in the public sphere. The perpetrator grows stronger and... Read More

Privacy Perspectives

On the importance of data privacy to cloud deals: Some benchmarks

(May 3, 2016) One of the more common rebuffs a privacy professional will get when raising data privacy concerns in a commercial deal is either: “no-one else has ever raised this as a material concern,” which is often followed with a request to be “commercial” because “no-one walks away from a deal because of data privacy.”   This is especially the case when raising cloud-based solutions.  It’s an issue we, at Eversheds, identified and wanted to learn more about. We took a deep dive into cloud deals and have... Read More

Privacy Perspectives

Why the UN should be the world's lead privacy agency

(Apr 28, 2016) While the protection of privacy constitutes by now a global concern, new technologies or methods of processing, such as big data, the Internet of Things, cloud computing, or smartphone applications, may easily drive to despair any legislator who attempts to apply local jurisdiction approaches on personal data processing that is by design addressed directly to individuals anywhere in the world and treats national borders as irrelevant. Quite contrary to what is urgently needed, an entrenchment a... Read More

Privacy Perspectives

Having the bigger gun: 'House of Cards,' surveillance, and you

(Apr 14, 2016) (Author's note: SPOILER ALERT. You've been warned.) A group of three stands in an empty warehouse. “Tell me why I’m here,” one of the men asks. He is clearly uncomfortable with the situation; it’s late, and this is the kind of place where people disappear. “Domestic surveillance,” the woman fires back. “We need to win an election.”  Privacy pros, I welcome you to "House of Cards" season four. The enormously popular Netflix staple released its newest and most politically provocative installm... Read More

Privacy Perspectives

When surveillance perpetuates institutional racism

(Apr 13, 2016) I have to be honest with you. I’ve been working as a journalist in the privacy space for the last six years, and privacy never really mattered that much to me.  When I first understood, via Snowden, that the U.S. government was collecting data on all of us, I didn’t knee-jerk freak out. I thought about what I do online, the kinds of data that likely generates about me, and what kind of surveillance that probably meant as a result. I can’t say I was ever in the “if-you’re-not-doing-anything-wron... Read More

Privacy Perspectives

How Microsoft is supporting Privacy Professionals

(Apr 7, 2016) So much has changed in the field of the privacy professional since the formation of IAPP. My first time at an IAPP event, I recall there were barely 50 people in the room and we felt like there were only a few companies focused on these issues. This week more than 3,000 privacy professionals from around the world came together for the Global Privacy Summit, and the issues we discussed are front and center every day in the minds of citizens, government officials, and company leaders. Privacy is ... Read More

Privacy Perspectives

Why privacy pros should care about the FCC’s broadband privacy rules

(Apr 5, 2016) On April Fool’s Day, the Federal Communications Commission issued a notice of proposed rulemaking containing a major proposed expansion of its telecom network usage information privacy, security and breach notice rules to broadband Internet access provider data. Comments are due in this proceeding on May 27th, and reply comments on June 27th.  The NPRM quotes selectively from the 2014 FTC Privacy Staff Report, but goes much further in its requirements. In fact, the proposed rules would be unpre... Read More

Privacy Perspectives

How to build a cathedral in two years

(Apr 1, 2016) EU Regulators Urge Industry to Help Flesh Out the GDPR Perhaps the most encouraging takeaway from the first workshop on implementing the new General Data Protection Regulation (GDPR) organized by the Centre for Information Policy Leadership (CIPL) in Amsterdam, was that the EU Commission, Member States ministries and data privacy regulators all agree with industry that implementing the GDPR over the next two years will be a significant task for all involved and will require close collaboration ... Read More

Privacy Perspectives

Risk and high risk: Walking the GDPR tightrope

(Mar 29, 2016) One of the most important developments in privacy and security law over the last decade has been the increased focus on risk as a touchstone for regulation. The “risk principle” is the idea that organizations that process and use personal data should devote more resources to the activities that raise the most significant threats, and that the law should promote a nuanced approach rather than imposing one-size-fits-all regulation. The EU’s General Data Protection Regulation adopts the risk princ... Read More

Privacy Perspectives