Data Privacy Detective

Data Privacy Detective

By Joe Dehner - Global Data Privacy LawyerNewsTechnologyTech News
Download on the App Store

Data Privacy Detective episodes

  • Episode 50 - Intersection Of Cloud Computing And Data Privacy
    Cloud computing offers a business the prospect of efficiency and savings by improving data storage capabilities and outsourcing computing resources that a business need not build for itself. But when data moves to the cloud, does this raise new troubles and make legal compliance more difficult? Or can it minimize risk and increase compliance with a dizzying array of global data privacy laws? How do cloud computing and data privacy compliance intersect?
    Lowell Thompson of Genity, a US-based company, discusses in this podcast how a cloud computing service can address this challenge and opportunity. Using encryption technology, Genity offers what it describes as data security by default that aims to bypass data privacy laws of Europe, California, Canada, and other countries.
    Major data breaches such as Equifax (2017) revealed weaknesses in internal business systems, in that case exposing sensitive personal information of 147 million people from several countries. As a business focused on data, a cloud provider must be attentive to cybersecurity and differing data privacy rules and so may be able to provide greater security and compliance than many businesses can expect of their own personnel and system.
    When a business contracts with a cloud computing services provider, it should consider several key issues: consent of data subjects, security, control and supervision, and server location. If a server resides in a jurisdiction that requires data localization or requires sharing data with government authorities, this can complicate a business’ data issues. The contract between a business and cloud services provider merits careful review to determine whether proceeding minimizes or increases the risk of data breach and inadvertent violations of differing state and national data privacy rules.
    Cloud computing has its benefits. But you don’t want a cloud to turn dark with thunder and lightning. Explore the intersection of cloud computing and data privacy in this podcast.
    If you have ideas for more interviews or stories, please email [email protected].
    14 min
  • Episode 49 - Hong Kong: What Impact Of The National Security Law
    On June 30, 2020 China enacted a National Security Law applicable in Hong Kong. The UK and USA governments reacted negatively, stoking fears that this could mean the end of the one-country-two systems concept. Front-page news abounds about the meaning, the reach, and the political implications.
    But what about business and normal life, about Hong Kong’s role as a global financial and technology center? How does one understand the impact on data privacy? Does this mean a replacement of Hong Kong law or will it be Hong Kong business as usual? In this podcast Pádraig Walsh of Tanner De Witt Solicitors, a leading Hong Kong law firm, guides us.
    If you have ideas for more interviews or stories, please email [email protected].
    14 min
  • Episode 48 - Colombia and Data Privacy
    Colombia made personal privacy a fundamental right in its 1991 Constitution. A 2008 law protected personal financial information, and in 2012 Colombia adopted Law 1581, a broad code across all sectors, modeled generally on the European/Iberian approach.
    Angela María Noguera Moreno, of counsel with the Colombian law firm of Vanegas Morales Consultores and an IAPP-certified Information Privacy Professional/Europe, explains in this podcast the Colombian approach to protecting personal data. Colombia requires all businesses to protect personal data. Consent of the data subject, the individual, is the keystone requirement. All controllers and processors of personal data must comply with the requirements of Law 1581 and decrees that function as regulations implementing the code. Responsible parties are both controllers and processors of personal data. Personal data categories include not only sensitive (financial, medical, religious, political) and non-sensitive (business or email address) types of data, but what Colombia calls “semi-private” data, such as information about an individual’s credit history.
    The data protection authority is the Superintendence of Industry & Commerce, which can levy fines and even close a business for violating data privacy laws.
    Colombia is now in a transition from formalistic compliance (posting website notices and policies) to a compliant society that protects personal data in practice. Superintendence officials expect compliance beyond simply posting policies. This is an approach under way generally in South America, though some countries like Ecuador and Panama did not adopt a general law until 2019. Listen to this podcast for an overview of how this important South American country aims to protect personal data privacy.
    If you have ideas for more interviews or stories, please email [email protected].
    21 min
  • Episode 47 - Cookies and California, Businesses Beware
    Cookies in the internet sense are packets of data that a persons’ computer receives when visiting a website. Without a cookie sent by an online retailer, every time one moves to a different page on a site, the visitor would need once again to supply account data and other information – a terrible burden! But cookies also represent a potential threat, as disguised cookies can install viruses or malware on our computers, and supercookies and zombie cookies pose other threats to personal privacy.
    Because a cookie can represent a third party that is accessing personal information of someone visiting a website, website owners and operators must consider whether the data streams arising from this use and the sharing with cookie senders amount to activity governed by the CCPA (or other states with similar or evolving data protection laws).
    William Morriss, an attorney with Frost Brown Todd, LLC who advises numerous tech and other companies about software and internet matters and himself a former computer programmer, explains in this podcast the link between cookies and California and discusses what a business can do to determine its cookie status and comply with the CCPA if required to do so. Make it a New Years Resolution for 2020 to get ahead of the cookie compliance curve so that cookies don’t become commercial indigestion!
    9 min
  • Episode 46 - Finland Leads The Way In The Secondary Use Of Health And Social Care Data
    Medical data are considered particularly sensitive personal information. Laws and regulations in most countries, including the USA and throughout Europe, generally aim to restrict sharing such information with the target of building privacy walls around each person’s data. But making such health data available more broadly is key to improved medical care, research and the advance of health science.
    Finland is the first country known to have adopted an approach to allow third parties to access health data for the purposes of scientific research, drug and health technology development and knowledge-based management in social and health care. Researchers, service developers and other legitimate data users will be able to collect, combine and process data from Finnish registries smoothly and securely. While most data will be anonymized, for particular applications individual identities can be shared.
    Those seeking access to such information will apply to a central authority that will screen applications to approve legitimate uses of Finland’s substantial database. It will accept applications for access starting in early 2020.
    Helsinki attorney Markus Myhrberg, member of Lexia explains how this will work in this podcast with the Data Privacy Detective. Markus heads Lexia’s IPR, data protection and marketing practices. The Finnish Act on the Secondary Use of Health and Social Data was adopted on March 13, 2019 and became effective on May 1, 2019. The text of the Act is available in Finnish, in Swedish and in English.
    If you have ideas for more interviews or stories, please email [email protected].
    6 min
  • Episode 45 - Will the "Right To Be Forgotten" Rewrite History?
    California Consumer Privacy Act (CCPA) and the so-called European "right to be forgotten" are hot topics as summer turns to autumn.
    With the CCPA coming into effect on January 1, 2020 amendments to modify it abound in the legislature. Stay tuned for a final Act! Even so, the driving force behind the Act’s passage, Alistair Mactaggart, is not trusting the legislature. Watch for voters to decide directly what California’s law will be in 2020 at the same time they vote on America’s president.
    The EU’s "right to be forgotten". Media announced a victory for Google from the European Court of Justice (ECJ), claiming that the "right to be forgotten" under GDPR cannot be enforced outside the European Union and its 28 (soon to be 27?) countries. The ECJ’s September 24 ruling was on Google’s request for a preliminary ruling on appeal from the French Government’s 2014 order that Google delink globally its search engine from sites containing embarrassing or out of date information.
    The "right to be forgotten" still raises some questions. Where will the lines be drawn? Could governments order a business to remove truthful but embarrassing information about an individual gained from a police report? If the story was published in a book, do those pages need to be torn out of history? Where will the balance between freedom of the press and individual privacy land? This is a task now for courts and a risk for website and media businesses.
    If you have ideas for more interviews or stories, please email [email protected].
    11 min
  • Episode 43 - What You Need To Know About Maine’s New Privacy Law
    Sometimes it seems the United States is more a loose federation than a national government. States have a major role in law-making. Data privacy is no exception. A recent law adopted by the State of Maine differs greatly from the California act that will come into force on January 1, 2020. Maine’s law will be effective on July 1, 2020. This podcast hits the highlights of it.
    Melissa Kern, Co-Chair of Frost Brown Todd LLC’s Privacy and Data Security Team explains that the Maine law applies to broadband internet access services – the folks who bring us access to the internet – not website hosts, not everyone holding personal data – but providers like ATT and Spectrum as well as regional internet access providers. If a provider has even one customer in Maine that is billed for service there, the Maine law applies. There’s no safe harbor threshold.
    If you have ideas for more interviews or stories, please email [email protected].
    10 min
  • Episode 42 - Encryption: When Data Privacy Best Practices Are Not
    Encryption is often thought of as the basic and best cybersecurity approach to protecting data in transit or in flight. As guest Ken Morris, CEO and founder of KnectIQ, argues, it’s not. Encrypting data is an essential practice, but it’s really not the problem or the solution.
    Instead, any organization must consider its keys. Best practices in cybersecurity in 2019 require new technologies that address the role of and threats to keys. Once a hacker gets access to a key, the data are there to be taken, even without the data controller or processor knowing that the thief has entered the storeroom. As the day of quantum computing approaches, it will become ever more certain that encryption alone is inadequate to protect data in flight.
    This is becoming known to the authorities. And that is not an idle thought. Article 32 of the EU’s Global Data Protection Regulation, GDPR, forces possessors of personal data to consider the “state of the art” in deploying systems to protect personal data. And the increased sophistication of corporate espionage demands new thinking on how to prevent data break-ins.
    This podcast is a primer on how to think differently about cybersecurity and how the best practices of yesterday are no longer those of today.
    If you have ideas for more interviews or stories, please email [email protected].
    12 min
  • Episode 41 - Hong Kong and Data Privacy
    One country, two systems – that’s the 50-year agreement that led to Hong Kong’s becoming part of China in 1997. This remains an evolution in progress. Hong Kong retains many of its systems independent of the PRC and yet is part of China. What does this mean for data privacy and the rules that apply to business in this powerhouse commercial center?
    Padraig Walsh, a privacy leader at the prominent Hong Kong law firm of Tanner De Witt, provides insight into how multinational firms should view Hong Kong for digital services. Hong Kong’s 1996 data privacy law was a pioneer at the time in establishing a legal framework for protecting personal data and regulating companies that handle data flows as controllers or processors. If one asks is it like China’s or the EU’s or the USA’s approach to data privacy, the answer is that it is much more like the EU or USA approach than China’s. It was adopted in the final months of British sovereignty.
    If you have ideas for more interviews or stories, please email [email protected].
    13 min

About Data Privacy Detective

From the publisher's feed

The internet in its blooming evolution makes personal data big business – for government, the private sector and denizens of the dark alike. The Data Privacy Detective explores how governments balance the interests of personal privacy with competing needs for public security, public health and other communal goods. It scans the globe for champions, villains, protectors and invaders of personal privacy and for the tools and technology used by individuals, business and government in the great competition between personal privacy and societal good order.