The Privacy Advisor Podcast

With the rise of data subject rights in privacy law, privacy practitioners are often challenged with operationalizing what can be a complex and risky endeavor. California, through the CCPA and CPRA, has emerged as a leader on this in the United States. Advocacy organization Consumer Reports has not only been working on policy with states like California on data subject rights but also with industry on standardizing consumer data rights. With a number of companies in the privacy tech vendor space, CR is announcing the open standard called the Data Rights Protocol. It's also in the early stages of acting as an authorized agent on behalf of consumers, with a service its calling Permission Slip.

IAPP Editorial Director Jedidiah Bracy talks with Ginny Fahs, associate director of product R&D for Consumer Reports Digital Lab, and Technology Policy Director Justin Brookman, to learn about their open-sourced protocol and what they're doing to help both consumers and organizations operationalize data subject rights.

Nearly five years after the implementation of the EU General Data Protection Regulation, Europe is immersed in a digital market strategy that is giving rise to a host of new, interconnected regulation. Among this complexity resides the proposed Artificial Intelligence Act. Originally presented by the European Commission April 2021, the AI Act is now in the hands of the Council of the European Union and European Parliament.

If passed, this would be the world's first comprehensive, horizontal regulation of AI.

On my visit to Brussels for the IAPP Data Protection Congress, I had the opportunity to meet with AI Act Co-rapportuer and Romanian Member of Parliament Dragoș Tudorache in his office.

During our extended conversation, we discussed the risk-framework for the proposal, how the legislation will intersect with existing regulations, like the GDPR, current sticking points with stakeholders and what this means for privacy and data protection professionals.

The highly anticipated mid-term elections in the U.S. so far have provided surprising results. Many political pundits expected a "red wave" of Republican candidates to take over both chambers of U.S. Congress. Though control of Congress is still up in the air, Democrats fared better than most expected.

With some of the dust now settled, what do the 2022 midterm results mean for potential passage of the American Data Privacy and Protection Act, both in the lame duck session and the 118th Congress? Will House and Senate committee assignments change? What do the mid-term results mean for enforcement by federal agencies, like the Federal Trade Commission? And how will the results affect state privacy legislation in 2023 and beyond?

To help shed light on these issues, I caught up with R Street Resident Senior Fellow for Cybersecurity and Emerging Threats Brandon Pugh and Public Knowledge Senior Policy Counsel Sara Collins.

As we round out 2022, digital technology is further embedding itself into our daily lives. Beyond the smartphone's ubiquity, wearable sensors proliferate and are found everywhere from the gym to the bedroom. Intimate relationships are formed through dating apps more than ever before. We're tracked in our cars, in retail establishments and online.

At no time in history has data collection been as prevalent as it is now, and it's only increasing. But what does that mean for the development of our identities and relationships, particularly for those who are most vulnerable? University of Virginia School of Law Prof. Danielle Citron has long explored these issues, which she's presented in her new book, "The Fight for Privacy: Protecting Dignity, Identity and Love in the Digital Age."

I recently caught up with Prof. Citron to discuss her work, and how law – particularly civil rights law – society and privacy pros can all play a role in protecting what makes us human.

Since becoming U.K. Information Commissioner, John Edwards has been busy. Officially taking the reigns January 4, Edwards embarked on a listening tour to learn the ins and outs of the U.K. The former New Zealand Privacy Commissioner gave his first major public speech since heading up the ICO at the IAPP Data Protection Intensive in London last month and joined German Federal Commissioner for Data Protection and Freedom of Information Ulrich Kelber for a "commissioner's chat" at the IAPP Global Privacy Summit in Washington, DC. While there, The Privacy Advisor Podcast host Jedidiah Bracy caught up with Edwards in person to discuss his priorities, how he foresees working with other data protection authorities, his thoughts on transborder data flows and the U.K.'s potential changes to it data protection law, and, most importantly, what he's currently listening to for music.

In 1998, the U.S. was the first nation to enact a privacy law specifically tailored to protect children's data. Nearly 25 years later, COPPA – the Children's Online Privacy Protection Act – is one of several children's privacy and data protection laws around the world. LinkedIn Vice President and Chief Privacy Officer Kalinda Raina first encountered the draft COPPA bill while interning at the Center for Democracy & Technology. In the years since, she has helped lead the privacy efforts at Nintendo and Apple. With three children of her own, Kalinda has an in-depth knowledge of children's privacy issues, both as a parent and privacy pro. Her passion for the issue led her to start a YouTube channel to help educate parents and kids about privacy and safety issues and to shepherd a new book called "Children's Privacy and Safety," published by the IAPP. The Privacy Advisor Podcast host Jedidiah Bracy recently caught up with Kalinda to discuss children's privacy, her work, and the new book.

The concept of privacy and data protection by design is not new in the privacy world. We know that privacy should be integrated in the foundational design of a product or service; that is should be baked in, not bolted on. But what that means in practice is often elusive. In 2018, Enterprivacy Consulting Group founder Jason Cronk wrote the book Strategic Privacy by Design, which was published by the IAPP. In it, Cronk offered insights for building processes, products and services that consider an individual's privacy interests as a requirement. In the four years since, law and technology have continued to evolve, prompting Jason to write a second edition of the book. The IAPP's Jedidiah Bracy recently caught up with Cronk to discuss his work in designing for privacy and what's new in his second edition.

It's difficult to remember a time when people didn't extoll cliches like "privacy is dead" or "data is the new oil." No doubt, privacy is constantly challenged by ever advancing technology, and data is mined ubiquitously for its value, but privacy is far from dead. Washington University in St. Louis School of Law Prof. Neil Richards agrees, but notes that though privacy is very much alive, it is up for grabs. These are some of the initial thoughts that helped inform his new book, "Why Privacy Matters." IAPP Editorial Director Jedidiah Bracy recently caught up with Richards to discuss his new book and why there's plenty of food for thought in there for privacy pros.

Though many privacy pros are still grappling with the EU General Data Protection Regulation, the EU is now busy leading a new generation of data regulations. As part of its Digital Single Market strategy, the EU is looking to not only protect data but also to create frameworks that allow for data flows, while aiming to mitigate hate speech and misinformation. Through an ambitious line of of proposed laws – including the Data Act, Data Governance Act, Digital Markets Act, Digital Services Act and the AI Act – the EU is poised to place a slew of new requirements for companies doing business in the region. Though not all privacy-related, privacy pros should be paying attention to this space. To catch up on this flurry of activity, IAPP Editorial Director recently chatted with journalist Luca Bertuzzi.

Cybersecurity is inextricably connected to privacy in countless ways. Like privacy law and regulation in the U.S., cybersecurity stands on a patchwork quilt of rules, laws, regulations and court cases. Stanford Cyber Policy Center Senior Policy Advisor Jim Dempsey has been teaching cybersecurity law since 2015 and worked in the area for decades, whether as an academic, a government representative on the U.S. Privacy and Civil Liberties Oversight Board, or an advocate at the Center for Democracy & Technology. He's long thought about the cybersecurity space and how it matches up to privacy and data protection. In fact, he's thought so hard on this subject that he published a new book with the IAPP called "Cybersecurity Law Fundamentals." IAPP Editorial Director Jedidiah Bracy recently caught up with Dempsey to discuss cybersecurity's current state of play, the biggest issues companies face from a world burgeoning with adversaries and what to look for in his new book.