The Privacy Advisor Podcast

With the proliferation of comprehensive U.S. state privacy laws in recent years, there's been an understandable focus by privacy professionals on this growing patchwork. But privacy litigation is also on the rise and the plaintiff's bar has explored some novel theories, particularly around the use of onlin tracking technologies. Greenberg Traurig Shareholder Darren Abernethy advises clients in the...

For many of us following along with the EU AI Act negotiations, the road to a final agreement took many twists and turns, some unexpected. For Laura Caroli , this long, complicated road has been a lived experience. As the lead technical negotiator and policy advisor to AI Act co-rapporteur Brando Benefei, Caroli was immersed in high stakes negotiations for the world's first major AI legislation. I...

In tandem with privacy, cybersecurity law is rapidly evolving to meet the needs of an increasingly digitized and complex economy. To help practitioners keep up with this ever-changing space, the IAPP published the first edition of Cybersecurity Law Fundamentals in 2021. But there have been a lot of developments since then. Cybersecurity Law Fundamentals author Jim Dempsey, lecturer at UC Berkeley...

For those following the regulation of artificial intelligence, there is no doubt passage of the AI Act in the EU is likely top of mind. But proposed policies, laws and regulatory developments are taking shape in many corners of the world, including in Australia, Brazil, Canada, China, India, Singapore and the U.S. Not to be left behind, the U.K. held a highly touted AI Safety Summit late last year...

Hard to believe we're at the twilight of 2023. For those following data protection and privacy developments, each year seems to bring with it a torrent of news and developments. This past year was no different. The EU General Data Protection Regulation turned five, and the Snowden revelations turned 10. From a finalized EU-US Data Privacy Framework, to major enforcement actions on Big Tech compani...

After a gruelling trilogue process that featured two marathon negotiating sessions, the European Union finally came to a political agreement 8 December on what will be the world's first comprehensive regulation of artificial intelligence. The EU AI Act will be a risk-based, horizontal regulation with far-reaching provisions for companies and organizations using, designing or deploying AI systems....

Martin   Abrams knows a little something about information privacy and consumer policy. Over the course of the last 40-plus years, Abrams has had his hands in a number of initiatives, including as co-founder and president of the Center for Information Policy Leadership and founder of the Information Accountability Foundation. He took part in the development of the APEC Cross Border Privacy Rules a...

The EU AI Act negotiations recently hit a major roadblock after EU Council Member States France and Germany unexpectedly pushed back on the European Parliament's draft position on regulating foundation models. The obstacle was so sudden, it appeared the negotiations were in a stalemate. Though the issue has not yet been fully resolved, the Spanish presidency of the EU Council is reportedly working...

As automated systems rapidly develop and embed themselves into modern life, policy makers around the world are taking note and, in some cases, stepping in. Earlier this year, the Biden-Harris administration took an early step by releasing a Blue Print for an AI Bill of Rights. Comprising five main principles, as well as what should be expected of automated systems, while offering a slate of real-w...

In June 2013, a series of high-profile U.S. government surveillance disclosures to major media outlets rippled throughout the world and changed the calculus for the privacy profession.  Hard to believe it's now been 10 years since an unknown U.S. government contractor leaked to the world massive amounts of information about top secret U.S. intelligence programs. Within weeks, Edward Snowden became...

We often focus on consumer policy when discussing privacy laws and obligations, but companies must protect their employee data, as well. Navigating complex employee privacy and labor laws in the U.S., for example, can be challenging, and new state laws, like the California Privacy Rights Act, apply more pressure on privacy pros charged with ensuring employee data is protected and handled appropria...

The prospect of day-to-day life with artificial intelligence is no longer a future endeavor. AI systems comprise countless applications across public and private organizations, and through open-sourced systems, such as ChatGPT, AI is now consumer-facing and usable. The U.S. National Institute of Standards and Technology was directed by the National Artificial Intelligence Initiative Act of 2020 to...

In early February, the U.S. Federal Trade Commission published a proposed order that fines telehealth and discount prescription provider GoodRX $1.5 milllion. Though part of the case involves deception – one of two prongs under the FTC Act – the case also raises the first-of-its-kind use of the Health Breach Notification Rule. To help better understand the novel and complex issues that are embedde...

Without a doubt, 2022 was a packed year for privacy-related news and developments. But according to Goodwin Partner and IAPP Westin Emeritus Senior Fellow Omer Tene, 2023 is set to call and raise the stakes. To be sure, 2023 didn't hesitate. On Jan. 4, just a few days before we sat down for our interview, the Irish Data Protection Commission levied a massive 390 million euro fine on Meta social ne...

California has long led the way on many privacy-related laws, going back to at least 2002 when it passed the first data breach notification law in the U.S. More recently, passage of the California Consumer Privacy Act and the California Privacy Rights Act has prompted other states to follow suit. Baker McKenzie Partner Lothar Determann has long practiced and taught international data privacy law,...

With the rise of data subject rights in privacy law, privacy practitioners are often challenged with operationalizing what can be a complex and risky endeavor. California, through the CCPA and CPRA, has emerged as a leader on this in the United States. Advocacy organization Consumer Reports has not only been working on policy with states like California on data subject rights but also with industr...

Nearly five years after the implementation of the EU General Data Protection Regulation, Europe is immersed in a digital market strategy that is giving rise to a host of new, interconnected regulation. Among this complexity resides the  proposed Artificial Intelligence Act . Originally presented by the European Commission April 2021, the AI Act is now in the hands of the Council of the European Un...

The highly anticipated mid-term elections in the U.S. so far have provided surprising results. Many political pundits expected a "red wave" of Republican candidates to take over both chambers of U.S. Congress. Though control of Congress is still up in the air, Democrats fared better than most expected. With some of the dust now settled, what do the 2022 midterm results mean for potential passage o...

As we round out 2022, digital technology is further embedding itself into our daily lives. Beyond the smartphone's ubiquity, wearable sensors proliferate and are found everywhere from the gym to the bedroom. Intimate relationships are formed through dating apps more than ever before. We're tracked in our cars, in retail establishments and online. At no time in history has data collection been as p...

Since becoming U.K. Information Commissioner, John Edwards has been busy. Officially taking the reigns January 4, Edwards embarked on a listening tour to learn the ins and outs of the U.K. The former New Zealand Privacy Commissioner gave his first major public speech since heading up the ICO at the IAPP Data Protection Intensive in London last month and joined German Federal Commissioner for Data...

In 1998, the U.S. was the first nation to enact a privacy law specifically tailored to protect children's data. Nearly 25 years later, COPPA – the Children's Online Privacy Protection Act – is one of several children's privacy and data protection laws around the world. LinkedIn Vice President and Chief Privacy Officer Kalinda Raina first encountered the draft COPPA bill while interning at the Cent...

The concept of privacy and data protection by design is not new in the privacy world. We know that privacy should be integrated in the foundational design of a product or service; that is should be baked in, not bolted on. But what that means in practice is often elusive. In 2018, Enterprivacy Consulting Group founder Jason Cronk wrote the book Strategic Privacy by Design, which was published by t...

It's difficult to remember a time when people didn't extoll cliches like "privacy is dead" or "data is the new oil." No doubt, privacy is constantly challenged by ever advancing technology, and data is mined ubiquitously for its value, but privacy is far from dead. Washington University in St. Louis School of Law Prof. Neil Richards agrees, but notes that though privacy is very much alive, it is u...

Though many privacy pros are still grappling with the EU General Data Protection Regulation, the EU is now busy leading a new generation of data regulations. As part of its Digital Single Market strategy, the EU is looking to not only protect data but also to create frameworks that allow for data flows, while aiming to mitigate hate speech and misinformation. Through an ambitious line of of propos...

Cybersecurity is inextricably connected to privacy in countless ways. Like privacy law and regulation in the U.S., cybersecurity stands on a patchwork quilt of rules, laws, regulations and court cases. Stanford Cyber Policy Center Senior Policy Advisor Jim Dempsey has been teaching cybersecurity law since 2015 and worked in the area for decades, whether as an academic, a government representative...