Serious Privacy

Send us Fan MailPrivacy is like driving a car - lots of rules which change across borders and you need to look both ways before crossing the street. In both the US and EU, the Schrems-II decision on 16 July is a major development in data protection navigation. But we are just at the beginning of understanding all the consequences of the verdict of the EU Court of Justice. Don’t worry - also in the coming weeks, we’ve got you covered. #SeriousPrivacy will keep you posted on important developments and views. In this episode, Paul Breitbarth and K Royal speak with Professor Dan Solove with the George Washington University Law School, a renowned educator in both privacy and data security legislation, an internationally-known expert and a prolific writer of books and articles on these topics. He certainly has an opinion of what happens next in transatlantic data relations and intra-US with the California Privacy Rights Act (CPRA).  Join us as we discuss the implications of Schrems-II, the CPRA, privacy legislation and enforcement, and developments in this space. For example, the CPRA now faces opposition from a coalition led by the American Civil Liberties Union (ACLU) of California. In addition, we discuss Prof. Solove’s views over the past few decades of the advance of the privacy field and what he hopes to see in the coming years.ResourcesACLU Announcement on Twitter: https://twitter.com/snowjake/status/1285732381387882501Privacy Paradox paper https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3536265Clapper v Amnesty https://www.supremecourt.gov/opinions/12pdf/11-1025_ihdj.pdfSchrems Blog Post https://teachprivacy.com/schrems-ii-reflections-on-the-decision-and-next-steps/ TrustArc free resource page https://trustarc.com/trustarcs-privacy-shield-schrems-resource/TeachPrivacy https://teachprivacy.com/Social MediaTwitter: @GWlaw @danielsolove @euroPaulB @heartofprivacy @podcastprivacy @trustarc @teachprivacy 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 Schrems II decision is a Serious Privacy topic. Privacy professionals in the EU and the US had the 16th of July marked on their calendars for a long time. Today was the day the Grand Chamber of the Court of Justice of the European Union would publish their verdict in the case between the Irish Data Protection Commissioner on the one hand, and Facebook and Max Schrems on the other. The Schrems-II case, as it is commonly known, has made as much of an impact as its predecessor did in 2015.On Thursday morning, July 16, the Court invalidated the EU-US Privacy Shield, and seriously restricted the use of standard contractual clauses. Reason enough for a special Serious Privacy episode to discuss the case and what comes next.Paul Breitbarth and K Royal talked briefly with Gabriela Zanfir-Fortuna of the Future of Privacy Forum and Sophie in ’t Veld, Dutch member of the European Parliament. We were looking for their reactions to the decision, their expectations, and their recommendations of what happens now. They did not disappoint in providing their insight. Join us as we have an open discussion with two preeminent privacy professionals to discuss a critical privacy event, that may have global consequences.TrustArc was prepared for any eventuality, and rest assured, we have you covered.LinksTrustArc - Privacy Shield Ruling RecapCJEU - Press Release CJEU - Full Verdict NOYB - CJEU Media Page  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 world of privacy seems to be both growing and becoming smaller as privacy professionals around the world are grappling with similar issues amidst an increasing amount of regulation and enforcement. What are the hot topics on the minds of these privacy professionals? In this episode of Serious Privacy,  we issued an open invite to guests, welcomed a guest host Ralph O’Brien,  and managed a robust conversation among 7 privacy professionals on the privacy topics that are on their minds. Our guests varied in range of experience from new to privacy to very experienced, attorneys to non-attorneys, from multiple locations including Europe, Canada, and the US, and in myriad industries. Our guests comprised Alexander Hanff, Robert Jett, Tom Besore, Dan Christensen, and the anonymous Mr. Smith.The topics were similarly varied and not discussed in advance. In this episode of Serious Privacy, we touched on surveillance, privacy by design, data subjects' rights, fake news, and social media platform responsibility. We also discussed cross-border data transfers, advocacy, the role of the privacy industry including the IAPP, and privacy careers. Join us to discover what each of these professionals considers a hot topic and their responses to the other guests. If you like our series, please do tell your friends and colleagues about us well. Should you have any questions or suggestions, please reach out to us via seriousprivacy@trustarc.com, or via Twitter at @podcastprivacy. You will find K on Twitter as @heartofprivacy and Paul as @EuroPaulB. 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 1st of July has come and gone - the date that marks the beginning of the enforcement of the California Consumer Privacy Act (CCPA).  Not all companies are ready for CCPA enforcement. And many companies are confused among the many moving parts - the law and potential amendments, the regulations, the ballot initiative, and enforcement.  California’s Attorney General Becerra describes the CCPA is a “first-of-its-kind data privacy law in America.” In his press release he encourages every Californian to know their rights to internet privacy and every business to know its responsibilities. The website of every business covered by the law must now post a link on its homepage that says ‘Do Not Sell My Personal Information’. Click on it - Becerra recommends. Remember, it’s your data. You now get to control how it’s used or sold.” Join Paul and K to discuss the various aspects of the CCPA, from amendments to enforcement and class actions. The pending regulations were submitted in the beginning of June to the California Office of Administrative Law, but they have not yet completed their review and at this point, may mean a delay to October. Meanwhile, the California Consumer Privacy Act (CPRA) has met the requirements to be on the November ballot. Should it succeed, it will modify the current CCPA. As always, should you have any questions or comments, please feel free to contact us directly via email at seriousprivacy@trustarc.com. ResourcesTrustArc Global Privacy Benchmarks Survey:https://info.trustarc.com/Web-Resource-2020-06-16-Global-Privacy-Survey_LP.html CCPA and CPRA TrustArc webinar https://info.trustarc.com/WB-2020-06-17-CCPA-Update_RegPage.htmlCCPA lawsuits Article from National Law Review https://www.natlawreview.com/article/importance-ccpa-compliance-highlighted-first-round-private-actions  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 MailWelcome to our 21st episode of Serious Privacy. There is no better way to celebrate 21 than to return to our basics and have a kitchen table conversation with our own Paul Breitbarth. This week, Paul will discuss his favorite privacy topic. We limited it to one topic - will he go for two topics? Does he have one overwhelming favorite issue in privacy?  With Paul’s background with the data protection authorities, he has more of a legal scholarly slant - so this should be a very interesting treasure hunt to find out what resonates most with him.Paul’s favorite topic incorporates elements of politics, fundamental rights of individuals, legal discourse, and the international relationship among countries. In this episode, we cover counterterrorism and whistleblowers - bodycams and cell phones. All of these center into one overarching topic that is fascinating and controversial, but also necessary in modern life. Join K and Paul in this episode of Serious Privacy to discover Paul’s favorite privacy topic and in-depth discussion about the issues inherent in that topic. Please let us know if you have comments about the episode or the podcast in general by contacting us at serousprivacy@trustarc.com. ResourcesNetflix - Black Mirror, S03E01 - NosediveWashington Post - Top Secret AmericaThe Guardian - The NSA FilesWikileaks - CableGate - Source | WikipediaCity of London Congestion ChargeMicrosoft Ireland Warrant Case - Case Overview 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 Mail"Only K can save the world" -  from Men in Black III. This is one of K's favorite quotes, but what are her favorite topics in privacy?  After many weeks discussing a huge variety of topics with our guests, it is time to go back to basics: a privacy conversation about our favorite topics while sitting on a sunny back porch, drink in hand. This week, it’s K’s turn to discuss her favorite privacy topic. She can only pick one - what will she go for? Individual rights? Transparency? International Transfers? Or will K reach back to her earlier career in healthcare?  As you can imagine, when asked for one favorite topic, she provided two.  We don't want to spoil the surprise, but we will provide some hints - one topic she speaks on fairly often and has written articles and guides on the topic. The other is something she teaches about in the course at the Sandra Day O'Connor College of Law at ASU on Privacy, Big Data, and Emerging Technologies and is not an easy topic to address with law students and undergrads. Join us as K and Paul discuss her two favorite topics in depth, both of which are global privacy concerns. As always, key resources are provided below, but spoiler alert - if you review them, you will know her two topics!Resources:Your Vendor, Your Risk by Maggie Gloeckle and K Royal2020 Cost of Insider Threats by the Ponemon Institite2020 Global Privacy Survey: Emerging Trends, Benchmarking Research and Best PracticesCyber Civil Rights Initiative state lawsThere are revenge porn laws on the books in 46 states, but victims say not enough is being done to protect them online by Insider FBI arrests Queen Creek man accused of cyberstalking ex, posting revenge porn by 12NewsMaastricht University Law Blogs - Paparazzo photos: copyright protected works or an intrusion into the celebrity’s private life?Nudes - Norwegian TV Series (IMDb)Twitter: @EuroPaulB@heartofprivacy 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 MailGaming! It’s all fun and games, right? Not really. There are hidden dangers in online gaming especially - dangers that many individuals don’t consider. When you are stuck at home for many weeks, chances are that you have downloaded one or more gaming apps on your phone, or purchased a game console for your living room either for yourself or for your kids. Games are hot. But games are also great sources of data collection from all corners of the world and all levels of society. What kind of data are collected? How are they used? Is it all transparent? And of course - how do we tell the children? And even more importantly: protect the children. That, and more, in this episode of Serious Privacy, Paul and K discuss the dark side of gaming with two gaming and privacy professionals Leena Kuusniemi and Ben Siegel.Join us to discuss a worldwide multibillion dollar industry, ranging from tic-tac-toe to Minecraft - and the age and the sophistication of players are equally extensive and diverse. In this episode, we discuss the most downvoted post on Reddit, ads in gaming, mobile notice, fragmented regulations, and how to educate your kids about the dangers of gaming.ResourcesFortnite: Can You Copyright a Dance Move? (Billboard)Occupied (Norwegian TV Series) - Wikipedia | Netflix (may not be available in your region)Fordham University: Study on Tracking in AppsThe Most Downvoted Comment in Reddit History (Inc)Microsoft tool https://www.livemint.com/technology/tech-news/microsoft-releases-tool-that-can-scan-chats-to-detect-pedophiles-11578569527182.htmlNY Times Article on gaming abusers https://www.nytimes.com/interactive/2019/12/07/us/video-games-child-sex-abuse.html 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 MailPersonal data can often be a complicated side to critical business activities, such as mergers and acquisitions and bankruptcy. Since the beginning of the year, the world has been dealing with a global health crisis. But unfortunately, that is not the only crisis the world will be dealing with this year - by now it is clear our economy will take a serious hit as well. Companies will go under, or else may become targets for mergers and acquisitions while in a weakened state. That also may have an impact on the data holdings of organisations. Can sets of customer, employee and third-party data just be handed over from one company to the other, or sold to the highest bidder to return some money to investors?  These highly impactful business activities, that are often executed rapidly, are not the times to overlook critical data allowances and restrictions. In this episode, we put these tough issues to Constantine Karbaliotis, a privacy veteran who has managed these issues for companies. Join us as we discuss how companies can prepare for and manage privacy issues in M&A and bankruptcy. We also took the opportunity to ask him for a Canadian’s perspective on the new CCPA regulations that have been filed with the California Office of Administrative Law. Resources:EDPB - Statement on the Data Protection Impact of Economic ConcentrationEDPB - Statement on Privacy Implications of MergersDutch DPA - Guidance on data processing in a bankruptcy situation (NL)CCPA Regulations filed https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/oal-sub-final-text-of-regs.pdfPrivacy and Data Security in Mergers & Acquisitions Solutions Brief   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 MailWhat do you get when you put an Englishman in charge of information privacy? A lot of experience, ideas, and expertise when it is Ralph O’Brien.  With all the news on the Coronavirus, one could almost forget there are still Brexit negotiations taking place. There is still a question whether the United Kingdom can obtain an adequacy decision from the European Union. Is the UK data protection legislation enough to offer an “essentially equivalent” level of data protection? What are the British views on using and protecting personal data? What about national surveillance? And how does this all tie in to the life and work of a privacy consultant. That and more will be addressed in this episode with Ralph, a highly respected privacy professional located in the United Kingdom.We talked with Ralph to get his impressions on a variety of topics in privacy law, specifically from the UK perspective. The conversation takes us from how Ralph first entered privacy and the considerations and areas of focus at that time to how privacy has evolved. As we can imagine, the world of privacy including Brexit issues, has dramatically changed and not all changes are necessarily good. Join us as Ralph shares his thoughts on data privacy, technology, the privacy profession, and Brexit - including what caused him to "go ballistic" on Twitter.ResourcesGerman decision on banning smart watches for children - BBC NewsTop Secret America - Washington Post 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 25th of May 2018 will be a day that is forever etched into our memories. It is a day Paul had been working towards for well over seven years by the time it arrived. For those of you who don’t remember: it is the day the GDPR entered into application, this week two years ago. What other topic could we possibly discuss in today’s Serious Privacy episode other than the first GDPR review?  The serious question is - is it time to celebrate?  Let’s look at lessons we learned over the past two years as well as review activities by consumers, businesses, and regulators. You will get both the U.S. and the European perspective, and we have a special guest for this episode, TrustArc’s own CEO, Chris Babel. Chris brings with him decades of experience in both security and privacy and has a front row seat in most privacy initiatives.  Being in security when it first ramped up in compliance requirements provides Chris with a solid understanding of how compliance initiatives grow, including funding challenges. Join us as we discuss the good, the bad, the ugly - and the promise of GDPR.ResourcesTrustArc Privacy Intelligence Team Blog Post on 2 Years GDPRThe Effect of GDPR Two Years On - Beta NewsCouncil of the European Union: GDPR ReviewEuropean Data Protection Board: GDPR ReviewIAPP: The GDPR at Two: Expert PerspectivesCIPL GDPR Review 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.