Serious Privacy

Send us a textNow this story is all about how our lives got flipped - turned upside down. We’d like to take a minute, just sit right there, we’ll tell you all about the privacy laws down there.Today, we are traveling virtually to the sixth largest country in land area and in its honor, we are flipping parts of the show. We are upside down, since we are going Down Under. Since the beginning of the year, Paul Breitbarth and K Royal have mainly covered privacy developments in the United States, the broader Americas and in Europe. But the privacy community extends beyond the two Atlantic coasts. What is actually going on in Australia and New Zealand? What does the privacy landscape look like in the Asia Pacific region and what are the main differences with the laws we have become so accustomed to, like CCPA and GDPR. Our guest, Annelies Moens, is based in Sydney Australia, and was one of the co-founders of the IAPP in Australia and New Zealand, back in 2008. She worked for the Office of the Australian Information Commissioner, has held various roles in the private sector and now leads her own consultancy, Privcore.Join us as we discuss how the APAC region compares to the rest of the world, privacy law developments, and recent events in privacy law that might surprise you.  In particular, we discussed how the recent Schrems II decision out of Europe impacts activities in Australia and New Zealand, business exemptions for enforcement, and COVID-19 contact tracing. ResourcesAbout Annelies Moens moens@privcore.com​Managing Director, Privcore Senior Privacy Consultant, TrustArcPrivcore's submission to the ACCC's Digital Platform Inquiry's Final Report (talks about the domestic v worldwide penalty issue and other key points about changes):https://405698ed-c7e3-4c02-a27b-a1d0e6ad5028.filesusr.com/ugd/440bc4_9d39c2462dfa4bce86358d9b9f351cb5.pdfOne page overview of the upcoming changes to the Australian Privacy Act published through the Australian Institute of Company Directors:https://405698ed-c7e3-4c02-a27b-a1d0e6ad5028.filesusr.com/ugd/440bc4_8993a667249044d98e99597ec4642cce.pdfIn terms of changes to the New Zealand Privacy Act which come into effect on 1 Dec 2020 - the NZ Privacy Commissioner has released some useful small podcasts explaining the changes:https://www.privacy.org.nz/privacy-act-2020/resources/Twitter @TrustArc @PodcastPrivacy @euroPaulB @heartofprivacy Instagram @SeriousPrivacy 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 a textWith all the recent changes in privacy laws, it seems like a whole new world. Or perhaps not. In this episode, we connect with Travis LeBlanc, a well-seasoned professional with insight into government actions to discuss recent privacy developments through the lens of past actions. He was the chief of the Federal Communications Commission’s (FCC) Enforcement Bureau in the Obama years, worked as senior adviser to former California Attorney General - and now Vice-Presidential nominee - Kamala D. Harris and as special assistant attorney general of California. Today, he is the vice chair of Cooley’s cyber, data and privacy practice, a role he combines with the membership of the Privacy and Civil Liberties Oversight Board of the United States.Join Paul Breitbarth and K Royal in this episode to discuss the changing world of privacy. Given the overlapping years, where Paul was with the Working Party 29 in Europe and Travis was with the FCC, Paul and Travis relived some of their shared experiences. But the conversation was not limited to regulator reminiscing. We discussed a variety of issues, from Schrems-II, the possibility of U.S. federal legislation on the horizon, and the CPRA,  which also led to social justice issues.ResourcesTrustArc Privacy Shield Ruling Resources https://trustarc.com/trustarcs-privacy-shield-schrems-resource/https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-launches-new-tool-help-consumers-report  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 a textThe privacy job market is booming! Chief Privacy Officer, Data Protection Officer, Chief Data Officer, Privacy Engineer, GDPR Expert, CCPA Consultant, Data Privacy Counsel, Privacy Risk Officer… And this is just to get started. Do a vacancy search with the word ‘Privacy’ on LinkedIn or most job-search boards and you will be shown a huge variety of functions around the world for new and seasoned privacy professionals. Paul Breitbarth and K Royal invited the founder and CEO of TRU Staffing Partners, a staffing company helping to fill vacancies in data privacy, e-discovery, and cybersecurity since 2010. By now, Jared Coseglia and his team have placed over 3000 professionals in full-time and temporary positions. Our main objective was to get a sense of the privacy job market, but to also discover insight about landing a position in privacy for people who are new to the field or transitioning. As a former theatre director, there was some curiosity on whether those skills transitioned into managing privacy professionals.Join us as we discuss some of the expectations for privacy professionals, such as a love of reading a lot given the massive amount of information related to personal data that seems to change often. Jared shared what he has learned over the years of what traits a person needs to be successful in this field and what companies are looking for in a professional. In addition, TRU Staffing has published part 1 of The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19. Fascinating material. 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 a textPrivacy is not a luxury, yet marginalized populations are more scrutinized and adversely impacted. How do we build equality into the data and practices on using data? It is no surprise that in today’s day and age, data is ubiquitous. Every step we take is documented by multiple devices, from our smartphones and smart watches to street cameras, allowing for massive data sets to be created. Hardly anyone understands all that is happening with these data, but we do know they are being used for marketing purposes. But what if the data would also be used for the greater good, like we are for example seeing in the current Corona Crisis? Would it for example also be possible to use more data for social justice, in order to promote equality, or to prevent crime? But this could also lead to some darker use patterns for data.K Royal and Paul Breitbarth discuss these critical issues with Pedro Pavón, Senior Corporate Counsel at Salesforce.com.  He has held privacy roles in multiple cloud companies, but also has a passion for ensuring that tech remains a force for good.  Join us as we discuss powerful topics, touching on racial bias, flawed data, and the role that inclusion plays at all levels of an organization to create a more socially just world.ResourcesAbout Pedro: https://hispanicexecutive.com/pedro-pavon-salesforce/Privacy is Not Dead - Here;s Why It’s an Important Social Justice Issue, April 16, 2017 by Robot Hugs https://everydayfeminism.com/2017/04/privacy-and-social-justice/ What is data justice? The case for connecting digital rights and freedoms globallyLinnet Taylo https://journals.sagepub.com/doi/full/10.1177/2053951717736335Social MediaTwitter: @infoseclegal  @heartofprivacy @euroPaulB @podcastprivacy @trustarc 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 a textPrivacy 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 a textThe 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 a textThe 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 a textThe 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 a textWelcome 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 a text"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.