Episode 155 considers three important developments as 2024 opens: -How the European Union’s pending AI Act blazes a new trail -How umbrella insurance may or may not apply to claims involving biometrics -How Quebec’s 2023 data privacy act will reshape privacy notices throughout North America. Yugo Nagashima and Brion St. Amour, attorneys with the coast-to-coast U.S. law firm Frost Brown Todd LLP, team with the Data Privacy Detective to cover these three essential matters. On December 9, the Europ...
Jan 04, 2024•27 min
Why do businesses create cookies for their websites – and what choices can visitors make when a popup asks us to choose? Can chatbots write privacy policies for businesses? How can we determine if a website shares personal information we provide to it – and if so, for what purposes? Donata Stroink-Skillrud, President and Legal Engineer of Termageddon (https://www.termageddon.com), addresses these questions. As data privacy laws and regulations spread, data privacy technology and policies must ad...
Dec 28, 2023•17 min
When we visit websites, we increasingly see popups. Why is this? How does consent affect online advertising? And what’s changing in 2024? Mate Prgin, founder/CEO of Enzuzo (https://www.enzuzo.com) explains how Google’s 2024 standards force online retailers to obtain express consent from customers for collecting and sharing personal information. Bolstered by the recent Quebec Law 25 (first in North America to adopt GDPR-style consent standards) and spreading U.S. state laws led by California, Nor...
Dec 21, 2023•13 min
Data clutter – we keep our homes tidy, at least some of us do. But what about digital data? It accumulates and grows over time. Unlike hard copy files, which can be pitched or sent to long-term (expensive) storage, data is silent and unobservable (except perhaps to IT personnel). Explore how organizations amass vast amounts of data containing personal information, some highly sensitive. There it resides, posing serious risks to organizations and individuals. In Episode 152 Jason Cassidy, CEO of ...
Dec 14, 2023•19 min
Major data privacy news from November - the meaning beneath the headlines: California issues proposed rules on ADTs – Automated Decision-making Technology. Applying California’s principal data privacy statute, the California Privacy Protection Agency proposes opt-out requirements, pre-use notices, and other measures for AI and related organizations. A New Landmark for Consumer Control Over their Personal Information: CPPA Proposes Regulatory Framework for Automated Decisionmaking Technology (ca....
Dec 07, 2023•23 min
Perry Johnson & Associates (PJ&A) provides medical transcription services to healthcare organizations. Its website states that it offers “secure HIT solutions,” using “multiple U.S. based, secure data centers for documentation storage and disaster recovery.” But in November 2023, PJ&A began informing about nine million people by individually sent letters that “between March 27, 2023 and May 2, 2023, PJ&A learned that an unauthorized party gained access” to its network and “acquir...
Nov 30, 2023•13 min
Blockchain technology. Can it be a solution to privacy risks inherent in traditional IT? How is it different from cryptocurrency? What can it do to allow both individuals and organizations to limit and protect personal information exchanged in daily life? Explore these questions in Episode 149, with Zenobia Godschalk, head of communications for Swirlds Labs (https://swirldslabs.com). Take a brisk tour of an open-source approach that applies blockchain technology to our evolving web. Learn about ...
Nov 22, 2023•23 min
Post-Quantum Data Privacy – what is it? What does it mean for organizations and individuals? That is this episode’s focus. Tune in to learn how one company offers privacy-protect ive messaging and cryptocurrency services in the age of Web 3.0 and quantum computing. JB Benjamin, the founder of UK-based Kryotech Ltd. (Kryotech Group), provides a tour of Vox Messenger and Vox Wallet. These services employ privacy-centric technology. Explore how our personal information is collected, used, and share...
Nov 16, 2023•24 min
How small and mid-sized organizations can afford privacy by design: Making data privacy and security affordable and scalable Tech giants have vast budgets for cybersecurity and data privacy. But most organizations are small or mid-sized enterprises (SMEs) and can’t afford expensive in-house talent, hardware, and software to combat data piracy or prevent data breaches. How do startups, SMEs, and MSPs create a privacy responsible foundation as they start and grow? How can they make privacy part of...
Nov 09, 2023•21 min
October 2023 was a busy month for data privacy. Join our monthly podcast of three major developments in the world of personal information and technology. Our picks are these: 1. On October 30, President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (AI). Noteworthy to Data Privacy was his call for Congress to pass bipartisan data privacy legislation, especially for children, which would be a significant step towards a federal data privacy law. In additi...
Nov 02, 2023•22 min
Malevolent attacks on data are rising. Misuse of data is an increasingly sophisticated criminal industry. How to defend? Philippe Humeau, a founder and the CEO of CrowdSec (CrowdSec - The open-source & collaborative security suite) is our guest. He explains how an open-source approach to editing a collaborative security stack for identifying and sharing malicious IP addresses across a community of users can be a powerful force for good in protecting data against mal-actors. This episode expl...
Oct 26, 2023•15 min
External data privacy – what is it? How do current threats to personal data privacy require defenses beyond stronger hardware and software? Harry Maugans, CEO of Privacy Bee - https://privacybee.com - explains how external data privacy requires us all to think beyond protections provided by organizations to which we belong. Data brokers, AI database collectors, and cybercriminals all seek access to PII (personally identifiable information), which can be used for good and bad purposes and can res...
Oct 19, 2023•16 min
Today’s vehicles have cameras looking inside and outside and communicate information about us to third parties as we drive. This supports continuous product improvement by automakers. But it also raises important privacy concerns. Yevgeny Khessin, Founder and CTO, and Andy Chatham, Co-Founder, of DIMO (https://dimo.zone) take us on a tour of how our privacy is at risk while we are mobile. Episode 143 considers these questions: How do individuals and vehicles get connected while mobile? What pri...
Oct 12, 2023•18 min
Amazon Store challenges the European Union over whether it is a VLOP. What’s that, you ask? Find out and discover how an EU Court issued an early split decision under the EU’s Digital Services Act. America’s first state, Delaware becomes the 12th state to adopt a comprehensive data privacy code. Google agrees to pay $93 million, strengthen its privacy policies, and be more transparent about location tracking, to settle California claims. Explore the deeper meaning of these September 2023 data pr...
Oct 05, 2023•24 min
Artificial intelligence – AI. Headline news, Senators gathering with gurus to figure out what to do, lawsuits, chatbots that offer to be our virtual concierge but then make up stuff in their responses. What’s at stake for our privacy? And what does it mean for us as individuals? Not for us as unwitting data providers or as recipients of communications from machines that can spew misinformation, but as human beings? Tune in to Episode 141 for a brisk walk down the yellow brick road of AI. Check o...
Sep 28, 2023•15 min
Decentralized Finance – DeFi – is with us and spreading. Tune in to Episode 140 to understand DeFi - how blockchain technology works and what privacy concerns are at stake. Consider a technology that increases the protection of organizational and individual private information when financial transactions are conducted through DeFi instead of traditional buyer-seller information technology. Anish Mohammed, Co-Founder, CTO, and Chief Scientist of Panther Protocol, explains how DeFi works and the p...
Sep 21, 2023•13 min
Tech giants have invented eyeglasses that can tell us the name of a person we encounter. An image of the person is sent to an AI database. Within seconds, the glasses name the individual we are seeing. Retinal scans, fingerprints, photos posted on Facebook, Fitbit data about heart rate – all represent biometric information about us that is digitized and sent into the data stream. Imagine how useful such eyeglasses will be to visually impaired persons. The convenience and security of biometric da...
Sep 14, 2023•16 min
August 2023 was a news-filled month for data privacy. Tune in for a review of top developments: Biometrics – how Illinois deals with ClearviewAI’s use of facial recognition data and how a new lawsuit challenges Amazon’s and Starbucks’ use of biometric payment systems in New York City CFPB – how the U.S. Consumer Financial Protection Bureau has declared its intent to regulate data brokers India – how its newly adopted Digital Personal Data Protection Act charts an independent course to protecting...
Sep 07, 2023•20 min
The U.S. Government collects data globally about persons and organizations. In doing so, it collects vast amounts of data about U.S. persons “incidental” to collecting foreign intel for national security purposes. Since the Carter Administration when the Foreign Intelligence Surveillance Act (FISA) became law, this has raised conflicts between the personal privacy of U.S. and foreign persons and the Government’s interest in national security and crime prevention. The FBI has accessed FISA databa...
Aug 24, 2023•23 min
The world’s most populous country adopted a comprehensive data privacy code in August 2023 – the Digital Personal Data Protection Act. Join this episode for a tour of the law’s main features. A departure from the EU’s GDPR approach and from prior draft bills of the Government, India took a unique approach to protecting digital personal information of its residents. Instead of data localization, it chose to encourage global data flows under relatively flexible standards while requiring reasonable...
Aug 17, 2023•18 min
Generative AI – ChatGPT for example. Have you considered how generative AI collects our personal information to provide its benefits in ways that can do us wrong? What can we do about the risks? How should legislators and regulators balance AI’s benefits with our rights to personal privacy? Rita Garry, a Chicago attorney with the firm of Howard & Howard Attorneys, PLLC, provides data privacy and cybersecurity services with a view to the specifics of each client. Tune in to learn what Generat...
Aug 10, 2023•16 min
July 2023 was hot – record setting global temperatures. Likewise in the data privacy world. Tune in for an exploration of three top topics in data privacy by Frost Brown Todd’s Yugo Nagashima and Brian St. Amour with the Data Privacy Detective. Illinois – major Supreme Court decision from the first state to adopt a biometric data privacy law – raising the stakes for businesses in using biometrics in the workplace. U.S./EU – a third attempt to facilitate personal data flows between the European U...
Aug 03, 2023•27 min
Our personal data is collected, sold, shared, used, and misused in ways most of us cannot imagine. Data brokers that buy and sell our personal information (“PI”) do it behind the scenes and almost always without our knowledge or consent. Data brokers are largely unregulated. What can be done about perils that have led to murder, theft, and other mayhem through easy access to PI? Tom Daly, CEO of MePrism, takes us on a tour of the consumer privacy landscape. A consumer data privacy company, MePri...
Jul 27, 2023•25 min
Who owns our personal data? As technology advances in Web 3.0, traditional software and claims of third parties over what they can do with our personal data are under challenge. Join Chris Were, co-founder and chief architect of the Australian company Verida, to consider how blockchain thinking can allow us to achieve self-sovereign identity. Explore in Episode 132 what this means and how we can take better control of our digital presence. Understand the meaning of self-sovereign identity, how i...
Jul 13, 2023•15 min
Oregon, California, and TikTok top the list of data privacy developments of June 2023. Tune in for how Oregon’s new data privacy statute blends the best of California and other state statutes for a comprehensive code and adds a unique twist about who can enforce it. Learn how a California court extended the effective date of a California agency’s regulations drafted to implement the Golden State’s pioneering California Consumer Privacy Act. Consider a whistleblower’s sworn testimony that contrad...
Jul 06, 2023•17 min
Employers and employees – how much privacy is there in the workplace? Episode 130 explores this question in the United States. What’s an employee’s reasonable expectation of privacy while working? How do federal and state laws limit employer surveillance of employee activity? What limits are there to an employer’s monitoring of employee use of company time and property? Employees use company-provided computers, phones, and other property for a variety of personal purposes, often injecting person...
Jun 29, 2023•24 min
What happens to our personal information after death? What can we or society do about whether any privacy exists for dead people? Episode 129 considers post-death privacy. Data privacy laws are largely for and about the living and give scant attention to the dead. But a few extend to protect data privacy after death, regarding medical information and dignitary interests of decedents and families. It’s not quite a free-for-all. Consider how estate plans generally ignore a person’s digital data bu...
Jun 22, 2023•17 min
Our personal medical information is sensitive. It becomes digital data shared beyond the medical professional who requests and needs it to provide care. Learn how our medical information is shared and used in ways that create privacy risks many of us do not wish to assume, how tech companies profit from its use, how federal and state law provide rules about medical privacy, and what companies and individuals can do about the subject. Our guest Jay Barnes is an attorney with the firm of Simmons H...
Jun 16, 2023•20 min
Get the latest on data privacy news from May 2023. Meta is fined about $1.3 billion for transferring European personal data to the States. But what’s underneath this record fine? What does it mean for how personal data rules are enforced in the EU? Are EU standard contractual clauses no longer a safe harbor for trans-Atlantic business? Washington adopts a data privacy law for health data. Will this be copied by other states as part of the ebb and flow since Roe v. Wade’s overturning? Texas adopt...
Jun 01, 2023•21 min
Bail decisions are critical in the lives of arrested persons. They come without judgment of guilt or innocence but can mean the deprivation of freedom for individuals as they await trial. But they can also have crushing unintended consequences for persons who become the victims of persons released without bail or on insufficient bail. Episode 126 takes no position on the headline debates about bail reform. Instead, Ken W. Good takes us on a tour of the privacy issues involved with bail. A thirty...
May 25, 2023•18 min
