On this episode, we are joined by David Cotney, Senior Advisor at FS Vector and former Massachusetts Banking Commissioner, who shares some ideas about how the Federal Financial Institutions Examination Council (FFIEC) could play a role in shaping national privacy policy by publishing privacy guidance for banks similar to the FFIEC's Cybersecurity Guidance. He also reflects on how a compromise on the tricky issue of preemption in privacy legislation might be achieved by looking to experience with...
Feb 10, 2021•39 min•Ep. 16
Jamie Danker had a distinguished privacy career in government both at GAO and DHS before moving to the private sector. In this episode, she makes connections between privacy laws and rules of conduct that bind the federal government and expectations for private companies. The federal government has had a privacy law since 1974 and the E-Government Act has required privacy impact assessments since its enactment in 2002. Federal government agencies are bound by statute to treat information obtaine...
Feb 03, 2021•37 min•Ep. 15
We're joined again by Georgia Tech Professor and Alston & Bird LLP Senior Counsel Peter Swire to discuss the implications of the Schrems II decision by the Court of Justice of the European Union (CJEU) and its interpretation and implementation by the European Data Protection Board (EDPB). Prof. Swire talks about the potential consequences of the CJEU’s opinion and the strict interpretation by the EDPB in its draft guidance. One such consequence could be data localization in Europe and elsewh...
Jan 27, 2021•39 min•Ep. 14
This week, Jerry and Jody are joined by Jill Reber, General Manager – Data Privacy at Logic20/20, who discusses the strategies companies are adopting as they seek to operationalize data protection in a rapidly changing environment. Reber notes how compliance challenges have ramped up as multiple jurisdictions, domestically and internationally, are putting in place varying requirements and outlines the merits of having national privacy legislation. She also talks about the efforts companies are u...
Jan 20, 2021•40 min•Ep. 13
In this episode, Jerry and Jody are joined by Michael Copps, former Commissioner and Acting Chairman of the FCC, who now serves as Special Advisor on Media and Democracy Reform at Common Cause. Copps has called on the new Biden administration to establish a Presidential Commission on the Future of the Internet. He contrasts the regulation of the broadcast industry in the public interest with the relatively hands-off treatment of internet commerce and cites privacy, disinformation, and antitrust ...
Jan 13, 2021•29 min•Ep. 12
In this week's episode, Jody and Jerry are joined by Georgia Tech Scheller College of Business professor Peter Swire, who explains issues and obstacles regarding federal preemption of state privacy laws and discusses a potential approach to a federal privacy law.
Jan 06, 2021•33 min•Ep. 11
The EU has launched a series of data regulation initiatives designed to make Europe the "Data Continent" while the U.S. has yet to adopt national data governance rules and lacks an authoritative voice in the international data policy discussions. Jody and Jerry discuss their thoughts on where's the U.S. is going and what's next.
Dec 16, 2020•27 min•Ep. 10
In this week's episode, we're joined by Jurgen Van Staden, Associate General Counsel for Privacy and Technology at Verizon Media, to discuss the complexities and trade-offs involved in the various types of data used by businesses and the pros and cons of national legislation.
Dec 09, 2020•35 min•Ep. 9
The European Union’s General Data Protection Regulation (GDPR) has led the way in establishing cross-border data protection standards. As the U.S. explores the possibility of enacting a national law that establishes privacy and data protection standards, it is worthwhile to consider what GDPR has accomplished in terms of uniform compliance requirements. Joined by Crowell & Moring's Maarten Stassen, we look beneath the surface to see what is working and explore how individual EU country overs...
Dec 02, 2020•35 min•Ep. 8
This week, we examine the evolution of the European Union’s General Data Protection Regulation (GDPR). As we consider the issues surrounding potential adoption of national privacy legislation in the U.S., we will explore what knowledge might be derived from the evolution of data protection legislation in the EU – why it happened and how. Starting with the 1980 with Guidelines Governing the Protection of Privacy and Trans-Border Data Flows, the EU gradually moved to a Union-wide law, which proved...
Nov 18, 2020•44 min•Ep. 7
In January 2020, the National Institute of Standards and Technology (NIST) released a voluntary Privacy Framework, a repository of resource materials and a roadmap to support continued collaboration between NIST and stakeholders from across government, academia, and industry on privacy risk management. The Privacy Framework raises important privacy principles and approaches that should be taken into consideration when discussing possible national privacy legislation. This episode features two NI...
Nov 11, 2020•48 min•Ep. 6
The Federal Reserve Bank of San Francisco has published a report titled The Role of Individuals in the Data Ecosystem . The report is a comprehensive catalog of issues related to data rights and data protection for individuals. Notably, it concludes that "most of this regulation is limited to specific sectors or geographies and creates a complexity that is precarious for individuals and burdensome for businesses and government oversight. There is clear value in creating a foundation of data prot...
Nov 04, 2020•45 min•Ep. 5
Data is the lifeblood of the financial services industry and personal financial data is among the most sensitive data that exists. An informal Financial Services Data Protection Working Group of national financial services trade associations has come together to respond to proposed state and federal privacy legislative proposals. Nicole Booth (Executive Vice President of Public Affairs, Notarize) and Elizabeth Young-LaBerge (Senior Regulatory Counsel, NAFCU) are playing leadership roles in Worki...
Oct 28, 2020•39 min•Ep. 4
Kate Flocken and Ty Griffin provide an up-close look at the current state of play for legislation that would create a national privacy/data protection regime. Kate is a senior policy adviser at Allon Advocacy LLC where she works with fintech and financial services companies to help them navigate complex policy issues, and worked for Senator Rob Portman of Ohio (a founder and co-chair of the bipartisan Senate AI caucus). Ty Griffin co-founded Prism Money, a consumer-focused bill payment tool, in ...
Oct 21, 2020•42 min•Ep. 3
Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School. He is also the founder of TeachPrivacy, a privacy and cybersecurity training company. Professor Solove provided one of the inaugural podcasts of the ADCG series and discussed the current privacy landscape including the CCPA, the EU GDPR, and the EU Court of Justice decision invalidating the US Privacy Shield. Against this backdrop, Prof. Solove discussed whether a federal privac...
Oct 07, 2020•28 min•Ep. 2
Jim Dempsey is the Executive Director, Berkeley Center for Law and Technology and formerly held leadership roles at the Center for Democracy and Technology. Jim Dempsey provided one of the inaugural podcasts of the ADCG series and discussed the lengthy and unsuccessful attempts to enact a federal privacy law. In light of the EU GDPR, California’s passage of the CCPA, and the EU Court of Justice invalidating the US Privacy Shield, he ponders whether the U.S. needs a federal privacy law and what t...
Oct 06, 2020•31 min•Ep. 1
This podcast will explore: What would national legislation look like? On what principles would it be based? What are the arguments for and against a preemptive national standard? What federal agency or agencies should be charged with implementing a national privacy law? What role would be left to the states if a national policy were to be adopted? How is congressional debate likely to unfold? What role will the executive branch play in this debate? Will the United States, where the digital econo...
Sep 21, 2020•26 min0
