Trust Deficit Acceleration Means Trust but Verify

Dirty diesel cars, opiates, income disparities, and institutional failures.  The trust deficit caused by these abuses or plain mistakes seems to be accelerating beyond red to bright red.  This acceleration has huge ramifications for new privacy laws and for interpretations of existing laws. The IAF staff recently visited a privacy regulatory agency to discuss how… Continue Reading

A great Visionary Has Died

My good friend Giovanni Buttarelli has passed away far too soon.  Giovanni was the European Data Protection Supervisor when he died on 20 August.  However, I wish to think of Giovanni as a visionary and philosopher.  You will often see Giovanni’s words quoted in IAF research papers.  Those words, “data should serve people” is more… Continue Reading

The Incubation of Trust Based Governance Systems Should Be Encouraged

Increasingly, around the world, there is a shift in the way privacy legislative and regulatory approaches are being developed. This is in response to the recognition that much of our collective future economic growth, benefiting both individuals and society, will be driven through digital transformation. Most recently, Canada’s Digital Charter has recognized that digital transformation… Continue Reading

Privacy Law’s First Objective Is That Data Should Serve People – The U.S. Opportunity To Get Privacy Legislation Right

Laws to govern the data age are extremely hard to draft.  Policymakers will encounter this  when they revise competition law to deal with data rich conglomerates.  They have already tried to address this in the privacy area through the European General Data Protection Regulation (GDPR) which recently had its one-year anniversary. However, there already are… Continue Reading

Accountability is As Enforceable as Any Other Privacy Management Mechanism

Accountability has increasingly become the nucleus of effective data protection in a world where the observation of people is critical to how machines and systems work and drives advanced analytics.  Canada was the first country to explicitly capture accountability as part of its privacy law, and therefore actions in Canada have impact beyond Canada.  Now… Continue Reading

The Glacial Movement of Privacy and the Implications to Accountability

As we see more and more draft privacy laws being introduced in Congress and in state legislatures, an increasing number of enforcement actions in Europe, and more media interest in perceived privacy abuses by big tech companies, it may seem strange to equate privacy to the consistent, continuous movement of glaciers. The pace today seems… Continue Reading

Data Stewards Not Fiduciaries

The FTC held its hearing on its Approach to Consumer Privacy on April 9 and 10 In Washington DC. At that Hearing, the questions discussed included: what are the existing and emerging legal frameworks for privacy protection, and if the U.S. were to enact federal privacy legislation, what should such legislation look like?  In response… Continue Reading

Foundational Issues for New Privacy Law in the United States

A federal privacy law in the U.S. seems increasingly likely.  When?  It is not yet clear.  However, we can say with much certainty that in the coming months we will see many draft laws that will join the ones we have already seen from Senators, members of Congress, Intel, CDT and others.  The current series… Continue Reading

Data Driven Knowledge Creation Needs to be Protected

Our collective desire to have a space where we are free from observation is increasingly under pressure from modern technology, and our confidence that data that pertains to us will be used fairly is in a deficit mode. At the same time, data are being used to create new knowledge by gaining insights that would… Continue Reading

A Pivot (Back) to Accountability

In a recent article, Sheila Colclasure, Senior Vice President and Global Public Policy Officer at LiveRamp, wrote:  “If you want your company to exist now and in  the future, you will have to think and act with data. . . . With this [responsibility] comes accountability . . . . Business leaders must think strategically… Continue Reading