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Data privacy is the footprint of our existence. It is our persona beyond ourselves, with traces of us scattered from birth certificates, Social Security numbers, shopping patterns, credit card histories, photographs, mugshots and health records. In a digital world, where memory is converted to 0’s and 1’s, then instantly transformed into a reproduction even in 3D, personal data is an urgent personal and collective subject. Those who wish to live anonymous lives must take extraordinary measur ...
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For about ten years, Estonia has pioneered a digital ID system for its 1.3 million citizens. Every Estonian receives a digital identity at birth or later. Estonians use this e-ID for a host of interactions with government and the private sector. The e-ID is not guarded zealously like a U.S. Social Security number. Instead, it is a kind of public ke…
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Our medical and health data are valuable - both to promote public health and to enrich data brokers selling our sensitive personal information without our consent. HIPAA is the U.S. federal statute intended to safeguard our medical information - but it does not cover many of the ways our information is released and shared, with unintended consequen…
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Episode 164 covers three March 2024 developments: Florida bans social media platform accounts of children under 14 - and more; Illinois modifies its pioneering biometrics laws; and President Biden and the House of Representatives act together about the sale of personal information to countries “of concern.” Consider how social media platforms are a…
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Identity Orchestration - the difference between Identity and ID. Join Gerry Gebel, IT veteran, now Head of Standards at Strata Identity - https://strata.io. Gerry leads an effort to develop Identity Query Language, a policy orchestration standard. Strata Identity pioneered the concept of Identity Orchestration, which helps organizations integrate a…
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From the day of birth, and perhaps even earlier, we become public data subjects. Without our express consent, our personal information is collected and poured out like salt from a shaker because of public records laws. There has been little federal attention to this for 50 years, and state laws vary. Tune in for an exploration of many ways in which…
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Privacy - “freedom from unauthorized invasion,” says Webster’s Collegiate Dictionary, or “the quality or state of being apart from company or observation.” The Detective did not authorize an online onslaught. But every day my computer and phone are bombarded with unsolicited ads and messages. My digital space is invaded by demands for my attention.…
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Join Yugo Nagashima, data privacy and technology attorney at Frost Brown Todd, as he and the Data Privacy Detective discusses two major topics from February 2024. Learn how DoorDash and California settled a dispute under California’s privacy law that raises important issues for business and consumers. DoorDash was accused of failing to inform custo…
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Episode 159 — Data Privacy and Cookies: Why we should rename Cookies as the Collectors that they are
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Who doesn’t like cookies? When a website posts a notice about cookies, that sounds like a free offer for something good. But cookies on the internet are not good or bad. They aren’t cookies at all in any real sense. They are simply embedded technology that attract and use information about us and what we do on a website. Aside from software that en…
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Data Privacy and Tracking: How to combine privacy protection and quality data for Digital Companies User consent, ad-blocking, and tracking prevention are on the rise, along with increasingly privacy-centric regulation. Companies want to understand what users want from products and services. This depends on accurate datasets of user experience. How…
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Episode 157 — Data Privacy Developments from January 2024: Videos, State Codes, and App Stores
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Tune in for three top January 2024 data privacy developments in the Detective’s monthly update. Yugo Nagashima and Brion St. Amour, data privacy and tech attorneys at Frost Brown Todd LLP, join the Detective for a monthly roundup. Explore: How the Video Privacy Protection Act (a U.S. law from video rentals days) is alive in the internet age and a c…
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You buy a new computer. You push the power button. Your screen blazes with tips and prompts, not from the device maker but from tech giants like Microsoft and Google. You rush to get started with offerings from these giants and other iconic providers. What about your personal information and how your privacy will be affected by your launch on the n…
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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…
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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 Termagedd…
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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. Bol…
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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 perso…
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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…
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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 l…
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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 Swi…
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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…
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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 pr…
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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…
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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 sh…
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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 databas…
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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 ou…
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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 priv…
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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 communicati…
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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 tradit…
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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 digitize…
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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 decl…
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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 …
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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 …
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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 & H…
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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 – rais…
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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 ma…
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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. Explo…
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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 r…
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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 comp…
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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 a…
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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 ru…
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Episode 127 — May 2023 Data Privacy News: Biggest fine in GDPR history and 2 U.S. States adopt codes
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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 a…
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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 t…
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Identity orchestration. Explore its meaning. Discover in Episode 125 how identity orchestration can protect data privacy and data security. Founder and CEO of Strata Identity [https://www.strata.io/], Eric Olden explores with us the change under way from passwords and multi-factor authentication to a radically different approach to safeguarding and…
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Episode 124 — Data Privacy & the Automobile: Your car is watching, recording, and sharing your data
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The modern automobile – a marvel of technology and transportation. It collects enormous amounts of data about us. This information is used for continuous improvement in design and safety and for our convenience. But it also creates risks to personal privacy. Episode 124 provides a tour of what automakers, suppliers, and users can do to create fair …
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How can an organization comply with a wide diversity of privacy laws being adopted and changed across the globe? How does an organization create a compliant and privacy-responsible policy to assure its customers that their privacy will be protected? Join Rachael Ormiston, Head of Privacy at Osano, as we explore these questions. Osano offers a “No F…
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Episode 123 — April & Data Privacy - 3 States, AI, and Utah’s parental consent for social media law
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What do Indiana, Tennessee, and Montana have in common? They adopted comprehensive data privacy laws in April 2023. Explore the similarities and differences and a unique Tennessee provision about national standards. Is a pattern emerging for how the U.S. regulates personal data? Consider the privacy implications of Artificial Intelligence. Global l…
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Join Duane Laflotte and Patrick Hynds of Pulsar Security as the Data Privacy Detective asks these essential questions about cyber-crime and data privacy: How hard is it to break into a website or organization’s IT system? What are top tips for mid-sized organizations to defeat data attacks? What’s the future for people seeking a cybersecurity caree…
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Artificial Intelligence and data privacy. Explore their relationship in this episode. It’s a subject little addressed by law or regulators and largely invisible to the public. AI depends on amassing a huge amount of personal information, collected and processed largely without consent or awareness of individuals whose personal information is being …
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What do ChatGPT, Iowa, TikTok, and Spyware have in common? They all made data privacy news in March 2023. Italy’s Data Protection Authority blocked ChatGPT internet use on privacy grounds, the first western government to do so. Iowa became the sixth U.S. state to adopt a comprehensive personal data protection code. President Biden issued an Executi…
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Prominent South African data privacy attorney Ahmore Burger-Smidt described 2022 as a year of “bloodbath” for personal data privacy in a recent report from her firm Werksmans. The firm manages the Lex Africa Legal Alliance, with members in over twenty-five African countries. Cybercrime is extensive and growing in Africa, similar to trends evident i…
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Episode 116 - Do Not Sell or Share My Personal Information: How easy is it to exercise this right?
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Government regulation is moving towards giving consumers the right to stop companies from selling or share their personal information. How easy do companies make it for consumers to make this request—and then have it mean something? This episode contrasts two companies that take very different approaches to the question. One company makes its money…
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