Op-ed: Senate Commerce Committee hearing missing the mark

(Sep 24, 2018) In an op-ed for The New York Times, Natasha Singer writes the U.S. Senate Commerce Committee should take a different approach to its upcoming hearing with tech companies and telecommunication firms over their privacy practices. Rather than focusing on privacy policies, Singer believes the committee should look at the business practices of those companies instead. “The problem is unfettered data exploitation and its potential deleterious consequences — among them, unequal consumer treatment, fina... Read More

Op-ed: CaCPA expected to bring lawsuits 'rain or shine'

(Sep 18, 2018) In an op-ed for Bloomberg BNA, Manatt, Phelps & Phillips’ Donna Wilson and Brandon Reilly, CIPP/US, write that the California Consumer Privacy Act of 2018’s private right of action is likely to remain no matter what future iterations of the law take hold. While California Attorney General Xavier Becerra has already highlighted “serious operational challenges” with CaCPA’s enforcement, Wilson and Reilly write, “consumer attorneys are willing to test businesses even on laws of limited scope an... Read More

Notes from the IAPP Publications Editor, Sept. 14, 2018

(Sep 14, 2018) Greetings from Portsmouth, NH! It seems like every week we're discussing new developments in U.S. privacy law, and no doubt we'll continue to do so this week. In what was practically inconceivable a few years ago, trends indicate that we may well see a federal regulation in the next year or so. To me, at least, this possibility is mind-blowing.  A week after the U.S. Chamber of Commerce presented its blueprint for a privacy framework, the Internet Association — which represents some of the big... Read More

Op-ed: Why we must remember where informed consent comes from

(Sep 14, 2018) Over the years, the concept of "informed consent" has changed from something that "was originally developed for rare, high-risk and potentially life-threatening situations, like surgery and medical research," according to Woody Hartzog, to something subsumed in all the "micro-permissions" that take place every day online. "In health care, one cannot get assistance without disclosing intimate physical and behavioral facts to others," often in life-or-death situations, points out Omada Health Chie... Read More

Why we must remember where informed consent comes from

(Sep 14, 2018) In an excellent IAPP podcast interview by Angelique Carson, CIPP/US, Woody Hartzog makes the compelling point that informed consent was originally developed for rare, high-risk and potentially life-threatening situations, like surgery and medical research. Hartzog argues that the process of informed consent is not designed for, nor can it offer fair choices for, the "micro-permissions" that occur in our daily interaction with technology. What Hartzog points out derives from a fundamental differe... Read More

Cavoukian: Consumers hit hardest by lack of privacy protections

(Sep 14, 2018) In an op-ed for The Globe and Mail, former Information and Privacy Commissioner of Ontario Ann Cavoukian explains the limitations of privacy laws and how it affects consumers. Cavoukian writes while laws such as the EU General Data Protection Regulation cover the private sector, governments are allowed to continue to gather large amounts of data from corporations. The former commissioner states the costs from the fallout of major data breaches are likely to be passed off to the consumers as well... Read More

Op-ed: Ad tech misleading EU as ePrivacy Regulation revs back up

(Sep 13, 2018) In an op-ed for EURACTIV, Johnny Ryan explains how the ad tech industry had misled the European Parliament and Council as debate over the draft ePrivacy Regulation revs back up. Ryan cites a report produced by IAB Europe where the group stated 10.6 billion euros were generated by behavioral advertising products for publishers without noting that most of the sum came from Google and Facebook, which Ryan said “incorrectly inflated the benefit that publishers derive from permitting ad tech companie... Read More

Op-ed: Using surveillance to ID criminals is flawed

(Sep 13, 2018) In an op-ed for Bloomberg, Leonid Bershidsky explains why the use of surveillance cameras to identify a pair of Russian military intelligence agents who attempted to assassinate former Col. Sergei Skripal highlights flaws when using the technology to identify culprits. While the U.K. was eventually able to identify the suspects, the process took months as law enforcement agencies pored over massive amounts of footage. “If everyone is tracked, no one is, so the cameras can only perform their func... Read More

Op-ed: Do we need the CaCPA whistleblower provision back?

(Sep 12, 2018) During its evolution from citizen ballot initiative to state law, the California Consumer Privacy Act of 2018 underwent several changes, including the elimination of a provision that would have provided some protection for whistleblowers. "We can only speculate as to why the provision was struck down during negotiations," writes Santa Clara Law Professor Lydia de la Torre, CIPP/US, "but clearly the deletion benefits the industry potentially at the expense of dutiful data professionals who may ha... Read More

Why a 'one-size-fits-all' approach to privacy won't work

(Sep 12, 2018) In an interview with Legaltech News, Helen Goff Foster, senior partner with Davis Wright Tremaine’s privacy and security practice, discusses her move into the private sector, how the privacy conversation has evolved, and why a “one-size-fits-all” approach to privacy and cybersecurity will do more harm than good. Foster calls the recently passed California Consumer Protection Act of 2018 a “critical tipping point” and discusses how innovation is key to the U.S. business model. She said, “Privacy ... Read More