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(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

GDPR: Killing cloud quickly?

(Mar 17, 2016) It will be harder to use cloud computing to process personal data compliantly with the proposed General Data Protection Regulation. The GDPR would enshrine prescriptive, cloud-impracticable, elements of the Article 29 Working Party’s cloud guidance WP196, while omitting elements that recognize how cloud works. One GDPR objective is to modernize data protection laws but, rather than making laws technology-neutral, the GDPR would perpetuate 1970s models of computing/outsourcing embedded in the cur... Read More

Privacy Perspectives

Leveraging medical claims data while safeguarding consumer privacy

(Mar 16, 2016) The big-data-consumer-privacy paradigm has been on shifting sands for the last ten years — and most people still aren’t certain whether they understand the value proposition of big data in the health care environment. This is especially true when we introduce protected health information into that dialogue.  The concerns are real. According to reports released earlier this year — in the wake of the OPM data breach — the black market is oversaturated with credit card data. And financial institut... Read More

Privacy Perspectives

Privacy Shield: The bigger picture

(Mar 10, 2016) Sorting out the legalities of transferring data from the EU to the U.S. — or to the rest of the world for that matter — has become an intense focus of attention in recent months. The invalidity of the adequacy status of Safe Harbor by Europe's top court opened a massive compliance hole for multinationals, which, in some cases at least, may take years to fill. This has led to a very uncertain situation that is threatening the viability of today's essential data flows.  Against this background, t... Read More

Privacy Perspectives