Masters of Privacy

Nina and Sergio run through the most relevant news of the past three months at the usual intersection of marketing, data, privacy, and technology - stopping at a few less commented and yet quite relevant fines, guidelines, or upcoming legal frameworks. In particular, this episode covers:  Dark patterns in recent EU enforcement actions  EDPB Guidelines on the technical scope of the ePrivacy Directive The 23andMe data breach 40 states suing Meta over Insta/FB’s impact on the mental health of teenagers Best of all, we managed to avoid OpenAI’s drama. With Nina Müller and Sergio Maldonado. References: [ES] AEPD fine resulting from the use of dark patterns in the acceptance of third party recipients (Expansion) Irish watchdog fines TikTok €345M for mishandling kids' data (The Register) 23andMe user data targeting Ashkenazi Jews leaked online (NBC News) EDPB Draft Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive  Dozens of states sue Meta over youth mental health crisis (The Verge) Masters of Privacy - Arielle Garcia: How privacy awareness leads to respectful, effective marketing

Arielle Garcia combines a really good understanding of the advertising industry with award-winning expertise in privacy and responsible data use. She is the founder of ASG solutions, a consultancy firm specifically focused on helping marketers drive sustainable growth through respectful marketing and was previously UM Worldwide’s Chief Privacy Officer. She holds a JD from Fordham University and has been recognised as a Top Woman in Media and AdTech by AdExchanger in 2023 (as well by others in prior years). In 2021 she was inducted to the American Advertising Federation’s Advertising Hall of Achievement due to her impact on the industry. What we have covered in this episode: The bigger picture of privacy challenges in the digital marketing industry Cookie and pixel inventories Does more data mean better results? Privacy consequences of the new “black box” offerings from the walled gardens Unconsented signals and Conversions APIs US-specific concerns regarding the use of health-related data in programmatic advertising Aligning customer expectations of privacy with business results References: Arielle Garcia, An Industry In Conflict: It’s Time For Tough Questions And Hard Decisions (Ad Exchanger) Arielle Garcia on LinkedIn Arielle Garcia on X

Jeffrey Bustos is the VP, MAD (Measurement Addressability Data) + Commerce at the IAB where he develops industry standards and guides for measurement and addressability solutions to enable revenue growth, efficiency, and scale with a focus in Retail Media Networks, Video / Advanced Television, and Privacy Enhancing Technology. His projects include: Categorization & Definitions Buyers Guide for Retail Media, Data Clean Rooms and Privacy Preserving Solutions Research, and Attention & Engagement Metrics Standards.  Previously, Jeffrey worked at GroupM where he led Data & Audience Strategy for eCommerce clients, assisting them with cookieless solutions, audience strategy & activation, as well as data taxonomy & identity resolution for CDPs and Data Clean Room activations. References: Jeff Bustos on LinkedIn Retail Media Networks Buyer’s Guide (IAB) IAB: Navigating the Privacy landscape (video)  

Cristiana Santos is Assistant Professor in Privacy and Data Protection Law at Utrecht University, holding a joint international Doctoral Degree in Law, Science and Technology from the University of Bologna, and a Ph.D. in Computer Science from the University of Luxembourg. She is an expert of the Data Protection Unit at the Council of Europe; expert for the implementation of the EDPB's Support Pool of Experts; and expert of the Digital Persuasion or Manipulation Expert Group. She holds an International Chair Starting Career position at the National Institute for Research in Digital Science and Technology (INRIA, 2023-2026) to work on technical and legal aspects of data protection. Prior to joining academia, Cristiana was a lawyer and worked as a legal adviser and lecturer at the Portuguese Consumer Protection Organization. Victor Morel holds a Ph.D in Computer Science from INRIA and works at the Security & Privacy Lab of Chalmers University in Gothenburg (Sweden). He is working on usable privacy for IoT applications, and his interests encompass privacy, data protection, networks security, usability and Human-Computer Interactions, applied cryptography, and the broad spectrum of ethics in technology. He is also a member of FELINN’s collegiate council, a French association (1901) defending decentralization, privacy, and free software through popular education. Cristiana and Victor have co-authored a recent paper titled “Legitimate Interest is the New Consent – Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls”. With them we are directing our attention to consent walls in the context of publishers and the open market, having already dedicated two recent interviews to the “consent or pay” model as it concerns Instagram and Facebook (ie. Meta). We will also try to understand the challenges and potential conflicts of interest faced by CMP (Consent Management Platform) vendors.  References: Cristiana Santos at Utrecht University Victor Morel’s bio and projects Legitimate Interest is the New Consent – Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls (Cristiana Santos, Victor Morel, Viktor Fredholm, Adam Thunberg, 20/9/2023) Upcoming Workshop on Privacy in the Electronic Society - with Victor Morel (Copenhagen, November 26th 2023) EDPB: Report of the work undertaken by the Cookie Banner Taskforce CJEU to consider questions from IAB Europe TCF decision (Techcrunch) German court bans LinkedIn from ignoring “Do Not Track” signals (Townflex) Your Consent Is Worth 75 Euros A Year -- Measurement and Lawfulness of Cookie Paywalls (20/9/2022) IAB TCF 2.2 specification  

Jeff Jockisch is an independent data privacy researcher at PrivacyPlan. He is also Chief Privacy Officer and partner at Avantis Privacy. Prior to compiling the largest known database of data brokers, he spent many years working with startups, technology, and data. He studied Organizational Behavior at Cornell and holds a CIPP/US accreditation (IAPP). Our primary questions today: Can the (brand new) California "Delete Act" or the GDPR be sufficient to avoid major AI-powered phishing attacks? Is there anything else that we could do as individuals or businesses? References: Jeff Jockisch on LinkedIn California “Delete Act” (2023) FTC: How to Recognize and Avoid Phishing Scams Privacy Plan Avantis Privacy Permission Slip, by Consumer Reports  

Robert Bateman is a data protection writer, trainer, and consultant. He has published innumerable articles on the topic, as well as led panel discussions and interviewed key well-known figures in the space on stage, at well-known privacy conferences. Besides freelancing as content creator, he is an associate with Act Now Training and a Subject Matter Expert with Heward Mills, a data protection consultancy.  With Robert we have addressed the recent public outcry about Instagram and Facebook becoming paid services for whoever does not want to see ads or consent to the data processing involved in running them. Given that we have already got used to seeing cookie walls on European news websites (in Germany, France, or Italy), we have aimed to open the wider debate around “Consent or Pay” business models. References: Le Conseil d’État annule partiellement les lignes directrices de la CNIL relatives aux cookies et autres traceurs de connexion Victor Morel, Cristiana Santos, Viktor Fredholm, Adam Thunberg: “Legitimate Interest is the New Consent – Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls” Report of the work undertaken by the EDPB Cookie Banner Taskforce IAB Europe Transparency and Consent Framework 2.2 (stops conflating legitimate interest and consent) EDPB Guidelines 05/2020 on consent under Regulation 2016/679 Robert Bateman on Twitter Robert Bateman on LinkedIn Giovanni Buttarelli (former EDPS), “Privacy 2030: A Vision for Europe” Google Privacy Sandbox

Cory Underwood is a Privacy and Data Analytics Engineer with a strong marketing data technology background and a good knowledge of both US and EU ePrivacy law. Cory supports the data privacy offerings of Atlanta-based Search Discovery (a data strategy and activation company), leveraging eight years of experience in privacy efforts and multiple privacy related certifications to enable clients to understand the impact of privacy changes.  With a combined thirteen years of experience in technology, Cory specializes in speaking and writing on his blog (cunderwood.dev) about upcoming privacy changes, allowing readers to take a proactive approach to compliance challenges. In our second interview with Cory we have looked for answers to the following questions:  What does it take for Digital Marketers to comply with State-level Privacy laws in California, Virginia, Colorado, and beyond? Will the US internet suffer the fate of European websites, annoying consumers with user-unfriendly consent pop-ups that mean little and cost millions? Why do some US websites insist on replicating the European ordeal if there are no opt-in requirements? What will be the side effects of large platforms adapting to the EU’s Digital Services Act in terms of transparency and return on investment for SMEs? Where will Topics API, the star framework of Chrome’s Privacy Sandbox fall in terms of consent requirements? References: Cory Underwood on LinkedIn Cory Underwood on X Cory Underwood’s blog Search Discovery: An audit of 500 sites for CCPA and Colorado Privacy Act compliance Global Privacy Control Sephora settlement CNIL’s considerations on the Privacy Sandbox and Topics API, July 2023 (FR) Apple’s Link Tracking Protection and other Privacy features in iOS 17 Meta’s Robyn (open framework for Media Mix Modeling) Apple’s Private Click Measurement specification for privacy-first optimization Masters of Privacy: Cory Underwood on Global Privacy Control and a GDPR-compliant Google Analytics (September 25th, 2022)  

Katharine Jarmul is a privacy activist and data scientist focused on privacy and security in data science workflows. She’s a principal data scientist at Thoughtworks and has worked at various companies in the US and Germany before that. She is also a frequent keynote speaker at software and AI conferences. Katharine has recently published “Practical Data Privacy” (O’Reilly, 2023), in which she provides a deep dive of Privacy Enhancing Technologies (“PET”), including detailed answers to increasingly common questions: How can we actually anonymize data? How does federated learning work? Can we already leverage Homomorphic Encryption to run analysis or work with data even while it is encrypted? How can we compare and pick the most appropriate PETs? Can we use open source libraries? In our discussion: Can we bring Privacy Enhancing Technologies down to earth for smaller companies to understand and apply them on a regular basis? Are they otherwise the monopoly of Big Tech, and does this mean that a company like Meta ends up becoming the unlikely poster child for Privacy by Design? Can we really speak of a common ethical framework for AI or GenAI? How does a US/Western Europe ethical framework fit within African or Asian cultures? Can we break the convenience barrier when it comes to individual control? References: Katharine Jarmul, Practical Data Privacy (O’Reilly, 2023) Katharine Jarmul on LinkedIn Katharine Jarmul on X Ethics in eCommerce Summit Shoshana Zuboff, The Age of Surveillance Capitalism

Attorney Jakob Plesner Mathiasen discusses the copyright implications of Generative AI, including challenges with fair use and copyright protection. He explores exemptions in European legislation, compares them with US fair use laws, and explores copyright exceptions for text and data mining. The podcast also delves into the challenges of copyright protection for generative AI and the role of streaming platforms in filtering out AI-generated rip-offs.

Data Protection Consultant Ito Onojeghuo discusses effective privacy notices, transparency requirements, tailoring language for different audiences, improving privacy notices through feedback loops, and challenges with call centers and customized privacy notices.