Serious Privacy

Send us Fan MailWicked problems are those without simple answers. They are thorny, complex, multi-faceted issues. This episode of Serious Privacy by Paul Breitbarth and K Royal was pre-billed on social media as “talking anarchy” and “Serious Privacy-ing.”  In this episode, guests include Uber CPO and frustrated comedian Ruby Zefo, Godmother of Privacy Engineering Michelle Dennedy, and TrustArc’s General Counsel Hilary Wandall.  Given the breadth and depth of the experience combined across this guest list, the topics were broad-ranging and far-reaching. Join us as we delve into wicked problems and solutions addressing women in privacy, ethics, global privacy standards, social justice, and privacy engineering. In particular, we discuss our guests’ experiences in navigating these topics and how our guests themselves may have been on the front lines. In at least one area, our guest was the developer of what has now grown into a field within privacy in general. Social MediaTwitter: @privacypodcast, @EuroPaulB, @heartofprivacy, @trustarc,Instagram @seriousprivacy, @rubyzefo, @mdennedy, @hilarydatalawTagsSerious privacy, trustarc, privacy, GDPR, CCPA, data protection law, privacy engineering, social justice, smart devices, IoT, ethics, women in privacy If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailIf 2020 was not bad enough already, we lost Ruth Bader Ginsburg on September 18, 2020. She was admired by many lawyers and legal scholars, not just in the United States - she was a legal giant, and a great advocate for equality for all. Paul Breitbarth and K Royal discuss the impact Justice Ginsburg had on the legal field and how she inspired respect and devotion.  Our homage goes beyond her legal decisions to remember her as the icon she was, and always will be.In addition, Paul and K touch on a few topics in privacy law, such as whether the US really will pass a federal privacy law and reconsideration of the actions taken towards Facebook in Ireland  Also, in the US, there is perhaps an overlooked part of US privacy, a final rule published by the Office of the National Coordinator which implements a portion of the 21st Century Cares Act, on Information Blocking - a rule that has quite a bit in common with the EU’s General Data Protection Regulation.Join us as we pay our respects to the late Ruth Bader Ginsburg, the second woman ever appointed to the US Supreme Court and one who blazed trails for equality in the US, followed by some frank conversation on some current privacy topics.ResourcesJustice Ruth Bader Ginsburg - picture of her clerksU.S. Federal Privacy Law Hearing 23 September: Revisiting the need for federal data privacy legislationJulie Brill, Maureen Ohlhausen, Jon Leibowitz, William Kovacic (all former FTC) and Xavier Becerra (CA A-G) Quotes from The Register:Julie Brill argued that not only will a company want to have the option to trade with Europe at some point, but that a stronger and clearer data privacy law across the US would be beneficial: it would enable companies to “engage more respectfully and increase trust in those companies.” It would increase competitiveness.Agreement that a patchwork of state laws needs to be avoided. Becerra: “Give us a playbook. But don't preempt smart, nimble privacy protections that let states meet the varying challenges coming at us.”WSJ Article: Irish DPC Schrems-II enforcement follow up: If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan Mail2020 is the gift that keeps on giving. In this episode, Paul Breitbarth and K Royal revisit some of the issues discussed on previous episodes, but with a guest who has a unique global perspective. Our guest today is an American in Brussels. He is the Deputy Chief Privacy Officer of the US-based pharmaceutical company Merck. Chris Foreman has practiced law in London, Washington DC, Istanbul, New York and Moscow, and is currently based in Brussels. Merck, or MSD as it is often known, has been an active player in the international corporate privacy community, and a big advocate for interoperability and company-wide compliance programs. They are one of the few companies that has both EU Binding Corporate Rules and APEC Cross-Border Privacy Rules, trying to ensure the best possible safeguards for international data transfers. There is even a published cross-walk between the two.Join us as we talk with Chris about his views on international data transfers. As expected, we will discuss the Schrems-II decision and its impact on data transfers, but we touch on many other topics as well that are integral to a global privacy program. These include the California Consumer Privacy Act (CCPA) and the ballot initiative, the California Privacy Rights Act (CPRA, Proposition 24), South Korea, Brazil (LGPD), clinical trials, and other twists to privacy law that we are starting to see.  ResourcesJD Robb https://jdrobb.com/ TrustArc Privacy Sheild Resources https://trustarc.com/trustarcs-privacy-shield-schrems-resource/ Social MediaTwitter: @privacypodcast, @EuroPaulB, @heartofprivacy, @trustarc, Instagram @seriousprivacy If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailThis past week in privacy law saw several unexpected developments. When this podcast started back in January, the intention was to record a series of conversations between K Royal and Paul Breitbarth with an occasional guest or recorded conference panel discussion. They would discuss what had happened in a week, place privacy and data protection developments around the world in context and provide insights based on their experience… And then COVID-19 happened, the podcast quickly became popular and guests became ubiquitous. On this episode, Paul and K return to their roots of covering privacy news and developments, because so much happened this past week or so. We’re in the middle of a privacy zone, with laws being lobbed all round us, guidance coming at us from all directions, and opinions shooting left and right - it’s like privacy officers need hazard pay. So much has happened in recent days, that we decided to just have the one-on-one conversation this week. You will hear about new European Data Protection Board (EDPB) guidance, next steps in the Schrems case and the fall-out from the Privacy Shield annulment, as well as on the latest actions from Brazil. Join us to catch up on the latest developments and to put them in context of current events.ResourcesRegister for TrustArc’s webinar on LGPD https://info.trustarc.com/WB-2020-09-16-LGPD_RegPage.html Wall Street Journal Article on DPC Ireland v. Facebookhttps://www.wsj.com/articles/ireland-to-order-facebook-to-stop-sending-user-data-to-u-s-11599671980Facebook Response to the DPC Ireland preliminary orderhttps://about.fb.com/news/2020/09/securing-the-long-term-stability-of-cross-border-data-flows/ NOYB Response to the DPC Ireland preliminary orderhttps://noyb.eu/en/dpc-actually-stopping-facebooks-eu-us-data-transfers-maybe-half-way EDPB Draft Guidelines on Controller/Processor https://edpb.europa.eu/our-work-tools/public-consultations-art-704/2020/guidelines-072020-concepts-controller-and-processor_en EDPB Draft Guidelines on Targeting Social Media Users https://edpb.europa.eu/our-work-tools/public-consultations-art-704/2020/guidelines-082020-targeting-social-media-users_en Brazil LGPD Legislative Tracker If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailPrivacy professionals as cosplayers - maintaining a sense of identity away from the hectic life of a privacy professional or managing stress in a healthy direction?  In this episode of Serious Privacy, we move away a little from data protection and over to the broader right of privacy. The right to be left alone, or the right to ensure you can be whoever you want to be, without your choices coming back to haunt you for the rest of your life. Join Paul Breitbarth and K Royal as they talk about cosplay and the various underlying elements with two guests, Ralph O’Brien and Marie Penot - two European privacy professionals with their own love of cosplay. They discuss such topics as managing stress and staying true to oneself, which should always be a career consideration, but also making personal connections, pitching job proposals, and livening up training sessions. Resourceshttps://www.eff.org/press/releases/cosplayers-fight-online-anonymity-and-privacy-during-dragon-con https://www.shrm.org/hr-today/news/hr-news/pages/what-are-the-signs-of-burnout-and-how-can-supervisors-help-employees.aspx Social MediaTwitter: @privacypodcast, @EuroPaulB, @heartofprivacy, @trustarc, @penot_marie, @IGrobrienInstagram @seriousprivacyTagsSerious privacy, trustarc, privacy, cosplay, comicon, maleficent, 501st, star wars, disney, privacy professionals, stress management If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailPrivacy is the hottest new job market for attorneys and non-attorneys. Even more so when you consider the full range of data protection jobs. A few weeks ago, we spoke to Jared Coseglia with TRU STaffing about recruiting for functions in privacy. In this episode we look at the other side. What is it like for someone to get started in privacy, not by sheer coincidence like K Royal and Paul Breitbarth did many years ago, but by deliberate choice? Where do you get this crazy idea that a privacy career might be fun, what steps do you take and what is it like to start in privacy and data protection in 2020?Our guest, Tom Besore, is an experienced Chicago-based lawyer, who identifies as Irish and American. In his own words, he has a long history in computers, electronics, radio and technology. In 2020, he shifted his primary interest to privacy and started executing on achieving that dream.Join us as we discuss why one would turn to privacy from a different career-focus and how to do so. We touched on the recent CISCO report: From Privacy to Profit: Achieving Positive Returns on Privacy Investments, the Age of Surveillance Capitalism by Shoshana Zuboff, the Marriott case in the UK, the Cambridge Analytica scandal , the first class action lawsuit in the Netherlands, and so many other notable privacy topics, including Intrusion by Design. As Tom says - success in this field takes passions, laser-focus, and the drive to niche opportunities.ResourcesFor the home cooks: a recipe for "bitterballen" (bitterballs)Privacy. So. Hot. Right. Now. by K Royal, Association of Corporate Counsel, DocketHow to get started in Privacy Engineering by IAPP If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailNow this story is all about how our lives got flipped - turned upside down. We’d like to take a minute, just sit right there, we’ll tell you all about the privacy laws down there.Today, we are traveling virtually to the sixth largest country in land area and in its honor, we are flipping parts of the show. We are upside down, since we are going Down Under. Since the beginning of the year, Paul Breitbarth and K Royal have mainly covered privacy developments in the United States, the broader Americas and in Europe. But the privacy community extends beyond the two Atlantic coasts. What is actually going on in Australia and New Zealand? What does the privacy landscape look like in the Asia Pacific region and what are the main differences with the laws we have become so accustomed to, like CCPA and GDPR. Our guest, Annelies Moens, is based in Sydney Australia, and was one of the co-founders of the IAPP in Australia and New Zealand, back in 2008. She worked for the Office of the Australian Information Commissioner, has held various roles in the private sector and now leads her own consultancy, Privcore.Join us as we discuss how the APAC region compares to the rest of the world, privacy law developments, and recent events in privacy law that might surprise you.  In particular, we discussed how the recent Schrems II decision out of Europe impacts activities in Australia and New Zealand, business exemptions for enforcement, and COVID-19 contact tracing. ResourcesAbout Annelies Moens moens@privcore.com​Managing Director, Privcore Senior Privacy Consultant, TrustArcPrivcore's submission to the ACCC's Digital Platform Inquiry's Final Report (talks about the domestic v worldwide penalty issue and other key points about changes):https://405698ed-c7e3-4c02-a27b-a1d0e6ad5028.filesusr.com/ugd/440bc4_9d39c2462dfa4bce86358d9b9f351cb5.pdfOne page overview of the upcoming changes to the Australian Privacy Act published through the Australian Institute of Company Directors:https://405698ed-c7e3-4c02-a27b-a1d0e6ad5028.filesusr.com/ugd/440bc4_8993a667249044d98e99597ec4642cce.pdfIn terms of changes to the New Zealand Privacy Act which come into effect on 1 Dec 2020 - the NZ Privacy Commissioner has released some useful small podcasts explaining the changes:https://www.privacy.org.nz/privacy-act-2020/resources/Twitter @TrustArc @PodcastPrivacy @euroPaulB @heartofprivacy Instagram @SeriousPrivacy If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailWith all the recent changes in privacy laws, it seems like a whole new world. Or perhaps not. In this episode, we connect with Travis LeBlanc, a well-seasoned professional with insight into government actions to discuss recent privacy developments through the lens of past actions. He was the chief of the Federal Communications Commission’s (FCC) Enforcement Bureau in the Obama years, worked as senior adviser to former California Attorney General - and now Vice-Presidential nominee - Kamala D. Harris and as special assistant attorney general of California. Today, he is the vice chair of Cooley’s cyber, data and privacy practice, a role he combines with the membership of the Privacy and Civil Liberties Oversight Board of the United States.Join Paul Breitbarth and K Royal in this episode to discuss the changing world of privacy. Given the overlapping years, where Paul was with the Working Party 29 in Europe and Travis was with the FCC, Paul and Travis relived some of their shared experiences. But the conversation was not limited to regulator reminiscing. We discussed a variety of issues, from Schrems-II, the possibility of U.S. federal legislation on the horizon, and the CPRA,  which also led to social justice issues.ResourcesTrustArc Privacy Shield Ruling Resources https://trustarc.com/trustarcs-privacy-shield-schrems-resource/https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-launches-new-tool-help-consumers-report  If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailThe privacy job market is booming! Chief Privacy Officer, Data Protection Officer, Chief Data Officer, Privacy Engineer, GDPR Expert, CCPA Consultant, Data Privacy Counsel, Privacy Risk Officer… And this is just to get started. Do a vacancy search with the word ‘Privacy’ on LinkedIn or most job-search boards and you will be shown a huge variety of functions around the world for new and seasoned privacy professionals. Paul Breitbarth and K Royal invited the founder and CEO of TRU Staffing Partners, a staffing company helping to fill vacancies in data privacy, e-discovery, and cybersecurity since 2010. By now, Jared Coseglia and his team have placed over 3000 professionals in full-time and temporary positions. Our main objective was to get a sense of the privacy job market, but to also discover insight about landing a position in privacy for people who are new to the field or transitioning. As a former theatre director, there was some curiosity on whether those skills transitioned into managing privacy professionals.Join us as we discuss some of the expectations for privacy professionals, such as a love of reading a lot given the massive amount of information related to personal data that seems to change often. Jared shared what he has learned over the years of what traits a person needs to be successful in this field and what companies are looking for in a professional. In addition, TRU Staffing has published part 1 of The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19. Fascinating material. If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

Send us Fan MailPrivacy is not a luxury, yet marginalized populations are more scrutinized and adversely impacted. How do we build equality into the data and practices on using data? It is no surprise that in today’s day and age, data is ubiquitous. Every step we take is documented by multiple devices, from our smartphones and smart watches to street cameras, allowing for massive data sets to be created. Hardly anyone understands all that is happening with these data, but we do know they are being used for marketing purposes. But what if the data would also be used for the greater good, like we are for example seeing in the current Corona Crisis? Would it for example also be possible to use more data for social justice, in order to promote equality, or to prevent crime? But this could also lead to some darker use patterns for data.K Royal and Paul Breitbarth discuss these critical issues with Pedro Pavón, Senior Corporate Counsel at Salesforce.com.  He has held privacy roles in multiple cloud companies, but also has a passion for ensuring that tech remains a force for good.  Join us as we discuss powerful topics, touching on racial bias, flawed data, and the role that inclusion plays at all levels of an organization to create a more socially just world.ResourcesAbout Pedro: https://hispanicexecutive.com/pedro-pavon-salesforce/Privacy is Not Dead - Here;s Why It’s an Important Social Justice Issue, April 16, 2017 by Robot Hugs https://everydayfeminism.com/2017/04/privacy-and-social-justice/ What is data justice? The case for connecting digital rights and freedoms globallyLinnet Taylo https://journals.sagepub.com/doi/full/10.1177/2053951717736335Social MediaTwitter: @infoseclegal  @heartofprivacy @euroPaulB @podcastprivacy @trustarc If you have comments or questions, find us on LinkedIn and Instagram @seriousprivacy, and on BlueSky under @seriousprivacy.eu, @europaulb.seriousprivacy.eu, @heartofprivacy.bsky.app and @igrobrien.seriousprivacy.eu, and email podcast@seriousprivacy.eu. Rate and Review us! From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.