The Privacy Advisor Podcast

Friday, Sept 6, was the final day for any amendments to the California Consumer Privacy Act to be introduced, per California Assembly rules. Lawmakers have since voted on those amendments and we now know what the final version of the CCPA looks like, subject to the signature of California Gov. Gavin Newsom. In this episode of The Privacy Advisor Podcast, Mary Stone Ross, who worked alongside Alastair Mactaggart to craft what we now know as the CCPA, discusses the last amendments to be introduced to the law before the California legislature adjourns today, Sept. 13.

This week, the U.S. Federal Trade Commission announced its settlement with Google and its subsidiary YouTube as a historic moment and a "game changer" for enforcement under the Children's Online Privacy Protection Act. Google will pay $170 million and YouTube must implement various changes to the way it manages content creators on its site and the way they treat content geared toward children. It's the largest COPPA settlement ever obtained, but there's been criticism, including from FTC commissioners themselves. In this episode of The Privacy Advisor Podcast, Linnette Attai discusses COPPA enforcement to date and whether this settlement is in fact, as the FTC has touted, a "game changer."

Remember when the GDPR was about to be signed into law and there was all sorts of chatter that the ePrivacy Regulation would soon be passed as well? That was years ago now. So what's happening within the EU government that we still don't have one. In this episode of The Privacy Advisor Podcast, Gabriela Zanfir-Fortuna, senior privacy counsel at the Future of Privacy Forum, takes us through the latest. She also discusses what went down in the European Court of Justice earlier this month when it heard the Schrems II case and how that might impact both the Privacy Shield and standard contractual clauses as viable methods for global data transfers.

There's no question that the California Consumer Privacy Act has captured the attention of not only the U.S. but its global counterparts as well. What's perhaps even more concerning to companies aiming to comply with the law before it becomes effective in 2020 is the uncertainty surrounding the seemingly endless number of amendments being considered by California's legislature. How do you prepare to comply with a law that's not fully baked? In this episode, co-author of the CCPA ballot initiative, Mary Stone Ross, discusses how the law might differ, in the end, from its initial aims, and the impact industry's lobbying efforts is having on the end result.

Recently, The New York Times announced it had hired journalist Kashmir Hill to its Business beat. Hill, most recently of Gizmodo, has long covered privacy in a distinct and unique first-person style, often through experimentation of her own with technology products and services. There was the time she tried to quit using the top five technology companies to see what her life would become, or the time she connected her entire home to the Internet of Things. In this episode of The Privacy Advisor Podcast, Hill talks to host Angelique Carson, CIPP/US, about covering the privacy beat and what she hopes to do with it at her new gig.

It's been three years since journalist Angelique Carson, CIPP/US, was directed by her boss to start something called a podcast that could help serve the IAPP membership, allowing them in-depth insights from their peers on how to thrive in the privacy profession and detailed looks at some of the industry's most important news. Since then, The Privacy Advisor Podcast has grown by the thousands in downloads and listeners. To celebrate, in this fun-loving, 100th-episode special anniversary edition, Jay Edelson, a plaintiff's attorney and founder of Edelson PC, aims to give listeners some insight to the woman behind the microphone, grilling Carson on how she approaches interviews on the podcast, the massive shift in the privacy landscape since she started reporting in the space, and why she's so darn out-of-the-loop on pop culture.

In this special edition of The Privacy Advisor Podcast, two of the people completely immersed in EU General Data Protection compliance discuss the last year of their lives. Irish Data Protection Commissioner Helen Dixon describes the last year as "a washing machine stuck on the spin cycle; it's been an incredible year of change for us as a data protection authority." And Hogan Lovells' Eduardo Ustaran calls the year "unprecedented." The two talk about the ongoing struggles as companies and regulators sort things out, and opine as to whether individuals are genuinely better off as a result of the regulation.

While it's true privacy and data protection laws are undergoing shifts in many parts of the world, this is especially true for Latin America where there is no shortage of legislative action. Brazil approved its general data protection law last year, and it will come into effect in early 2020. Just as the U.S. is seeing with the California Consumer Privacy Act, Brazil's law is now being amended in all kinds of ways ahead of implementation. Amendments to the LGPD, the acronym used for its formal name in Portuguese, will also establish a new national DPA, and those approvals are expected to reach the country's Senate within weeks. In this episode of the podcast, Rosa Maria Franco, the IAPP's managing director for Latin America and based in Mexico, and Dino Santa Rosa of Brazil discuss the legal landscape in both Mexico and Brazil and what that means for the privacy profession in each jurisdiction.

There's been no shortage of press about the California Consumer Privacy Act. Sessions on the topic were among the most attended at the IAPP's Global Privacy Summit in Washington, D.C., last week. But what's difficult is keeping pace with all of the amendments being voted up or down on any given week. In this episode of The Privacy Advisor Podcast, host Angelique Carson, CIPP/US, chats with Frankfurt Kurit's Tanya Forsheit, who's on the front-lines of the issue in both advising clients and testifying at hearings on the CCPA in Sacramento. Forsheit offers tips on how to start compliance efforts given the law is in flux, the status of the AG's attempts to expand the CCPA's private right of action, and what we can read into, if anything, about stalled efforts for a privacy bill in Washington State.

On May 1, the U.S. Senate Committee on Commerce, Science and Transportation held its third hearing on how to craft a potential federal privacy bill. Witnesses included repesentatives from the American Civil Liberties Union, the Future of Privacy Forum, Common Sense Media and the Irish Office of the Data Protection Commissioner. In this episode of The Privacy Advisor Podcast, host Angelique Carson welcomes back frequent guest Joseph Jerome, of the Center for Democracy and Technology, to discuss the highlights and lowlights of this most recent hearing and whether we're finally pushing proverbial the ball forward on how to do things right in the U.S.