The Privacy Advisor Podcast

Australia made waves in 2024 after it passed an amendment to the Online Safety Act of 2021, which introduces a legal minimum age of 16 to create and use an account for certain social media platforms in Australia. It also requires platforms within scope to implement age-gating practices. As Australia's first eSafety Commissioner, Julie Inman-Grant, whose agency administers the Online Safety Act and the Social Media Minimum Age amendment, has been at the forefront of regulating online safety since her appointment in 2017. With a background in the private sector, including stints at Microsoft, Twitter and Adobe, Inman-Grant has a wide-ranging view of the online space and the harms within it. IAPP Editorial Director Jedidiah Bracy recently caught up with Commissioner Inman-Grant to discuss her work in online safety, what's currently underway regarding age-gating requirements for social media and the effects AI will have for online safety and harms.

Though it came close in recent years, federal privacy legislation is not likely top of mind as a new administration takes the reigns in Washington, DC. The same likely goes for federal AI governance and safety legislation with a divided Congress and executive branch that promotes a deregulatory posture. That means state-level privacy and AI bills will proliferate in 2025. Connecticut was the 5th U.S. state to a pass comprehensive privacy law, and Connecticut State Senator James Maroney played a large role in crafting his state's bill. Maroney is now working on AI legislation and takes part in the Future of Privacy Forum's Multistate AI Policymaker Working Group, which comprises more than 200 bipartisan state lawmakers and other government officials, with the aim to "foster a shared understanding of emerging technologies and related policy issues." IAPP Editorial Director Jedidiah Bracy recently caught up with Maroney to discuss his work on privacy, his experience working with other policymakers in the multistate working group, and what to expect from AI legislation in Connecticut this coming year.

It's hard to believe we've reached the final weeks of 2024, a year filled with policy and legal developments across the map. From the continued emergence of AI governance, to location privacy enforcement, children's online safety to novel forms of privacy litigation, no doubt this was a year that kept privacy and AI governance pros very busy. One such professional in the space is Goodwin Partner Omer Tene. He's been immersed in many of these thorny issues, and as always, has thoughts about what's transpired in 2024 and what that means for the year ahead. I caught up with Tene to discuss the year in digital policy. Here's what he had to say.

AI governance is a rapidly evolving field that faces a wide array of risks, challenges and opportunities. For organizations looking to leverage AI systems such as large language models and generative AI, assessing risk prior to deployment is a must. One technique that's been borrowed from the security space is red teaming. The practice is growing, and regulators are taking notice. Brenda Leong, a partner of Luminos Law, helps global businesses manage their AI and data risks. I recently caught up with her to discuss what organizations should be thinking about when diving into red teaming to assess risk prior to deployment.

As the U.S. enters the final stretch of the 2024 election cycle, we face a tight race at the presidential and congressional levels. With a razor-thin margin separating Vice President Kamala Harris and former president Donald Trump, we decided to take a look at the possible policy positions of each campaign with regard to privacy and artificial intelligence governance. Of course, reading tea leaves is no easy feat, but while attending IAPP Privacy. Security. Risk. 2024 in Los Angeles, California, IAPP Editorial Director Jedidiah Bracy sat down with Managing Director, D.C., Cobun Zweifel-Keegan, CIPP/US, CIPM, to gain his insight on each camp's policy positions, from the administrative state to international data transfers and beyond. Here's what he had to say.

The year 2024 proved to be another robust one for emerging U.S. state privacy law. Seven states joined the ranks, bringing the total up to 19. Unlike previous years, however, 2024 underwent a paradigm shift away from the standard framework influenced by the draft Washington State Privacy Act. For the Future of Privacy Forum's Keir Lamont, CIPP/US, and Husch Blackwell's David Stauss, CIPP/E, CIPP/US, CIPT, FIP, PLS, 2024 marked the end of what Lamont calls the "Pax Washingtonia" era for state privacy law. While attending the IAPP Privacy. Security. Risk. conference in Los Angeles, California, IAPP Editorial Director Jedidiah Bracy caught up with Lamont and Stauss to discuss this busy year in state privacy law, as well as what to expect with rulemaking and enforcement at the state level.

Reva Schwartz, a research scientist and principal investigator at NIST, leads the groundbreaking ARIA program aimed at assessing AI's risks and impacts. She discusses the initiative's goal to develop real-world testing methods for AI systems, ensuring their trustworthiness. The conversation dives into the importance of collaboration in model testing and participant recruitment, and how evaluating AI through realistic scenarios will help mitigate biases. Schwartz highlights the establishment of the AI Resource Center as a vital hub for risk management and fostering a trustworthy AI community.

Darren Abernethy discusses the rise in privacy litigation trends, focusing on tracking technologies like session replays, chatbots, and pixels. He explains the implications of wiretapping statutes, California's interpretation of SIPA, and the Video Privacy Protection Act. The podcast explores recent lawsuits, emphasizing the importance of data minimization and compliance with evolving privacy laws.

Lead technical negotiator, Laura Caroli, discusses the EU AI Act negotiations, highlighting unique approach, challenges, criticisms, AI-specific rights, and future implications. She compares the AI Act to the GDPR, addresses enforcement structures, and stresses the importance of flexibility and stakeholder dialogue in creating a future-proof framework for AI regulation.

In tandem with privacy, cybersecurity law is rapidly evolving to meet the needs of an increasingly digitized and complex economy. To help practitioners keep up with this ever-changing space, the IAPP published the first edition of Cybersecurity Law Fundamentals in 2021. But there have been a lot of developments since then. Cybersecurity Law Fundamentals author Jim Dempsey, lecturer at UC Berkeley Law School and senior policy advisor at Stanford Cyber Policy Center, brought on a co-author, John Carlin, partner at Paul Weiss and former Assistant Attorney General, to help with the new edition. IAPP Editorial Director Jedidiah Bracy recently spoke with both Dempsey and Carlin about the latest trends in cybersecurity, including best practices in dealing with ransomware, the significance of the new SEC disclosure rule, cybersecurity provisions in state privacy laws, trends in FTC enforcement, the recent Biden Executive Order on preventing access to bulk sensitive personal data to countries of concern, and much more. We even hear about the time Carlin briefed the U.S. president on the Sony Pictures hack.