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Data Privacy Detective

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Data Privacy Detective

Joe Dehner - Global Data Privacy Lawyer

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Data privacy is the footprint of our existence. It is our persona beyond ourselves, with traces of us scattered from birth certificates, Social Security numbers, shopping patterns, credit card histories, photographs, mugshots and health records. In a digital world, where memory is converted to 0’s and 1’s, then instantly transformed into a reproduction even in 3D, personal data is an urgent personal and collective subject. Those who wish to live anonymous lives must take extraordinary measur ...
 
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show series
 
Ransomware. It’s in the headlines. It’s digital organized crime across borders.When an organization’s IT system freezes with its data locked by a ransomware gang, what happens? Ransom is demanded, and ransom often gets paid. But how does this work?In this podcast episode, Bill Repasky, attorney with Frost Brown Todd LLC, shares key insights on the …
 
Ransomware attacks, data breaches, digital theft – on the rise. Who are the cyber-criminals? Can they be traced? And what can a company do to minimize risk and respond to an incident?Joining us for a tour of the dark side of the digital age is Bill Corbitt, Vice President of Digital Forensics and Incident Response at Intersec Worldwide. www.interse…
 
Europe finds UK data privacy system adequate, for now. On June 28, 2021, the Europe Union granted two adequacy decisions to the United Kingdom for personal privacy purposes. 1. Decision on the adequate protection of personal data by the United Kingdom - General Data Protection Regulation 2. Decision on the adequate protection of personal data by th…
 
This is a true story of a phone scam of May 2021. The Data Privacy Detective got a call on the home landline.This scam will succeed in stealing money from countless Americans. It’s targeted particularly at older people who dearly love their television, especially during pandemic times.You can see the tricks and traps in this scam. Of course, the be…
 
This podcast episode explores ransomware from preventive, legal, and communications angles. While there’s no 100% effective vaccination against a ransomware attack, there are steps enterprises and each of us can take to beware, prepare, and take care.Ransomware. It’s the modern equivalent of kidnapping – except people aren’t grabbed and held hostag…
 
Janus was the Roman god of doors, gates, and transitions. He needed two faces to look in both directions - life and death, past and future. Internet browsers allow us to access and gaze across the internet, but at the same time, they are watching us, recording what we do while browsing.True, browsers do not charge us for their services – browsing i…
 
Facial recognition. It’s a hot topic. Targeting, misidentification, and doxing - the dangers are real. So are the benefits – finding criminals and solving crimes, searching for relatives and old friends, researching history, conducting social research, sharing with friends over a lifetime.Kashmir Hill’s penetrating cover article in the March 21, 20…
 
On February 16, 2021 TikTok was sued in Europe for abusing consumer rights. Millions of Europeans use TikTok to post, share and watch videos 3 to 60 seconds long, ranging from dogs in pink tutus to Shaq dancing.The European Consumer Organization BEUC is an authorized entity in the EU to file complaints against businesses. Its press release, BEUC fi…
 
Data theft set new records in 2020. The major causes are not failures of equipment, software, or services. In an estimated 85% of cybercrime, the cause is us. We make careless mistakes as though we were inviting villains into our homes. We let thieves into our IT systems by accident. We get phished.You get a message on your computer. It may seem to…
 
As businesses move into 2021, what insurance can they have to limit cyber risk? What does cyber insurance cover and not cover? How is it priced and secured?Data Privacy Detective guest Sean McGee is a Vice President of USI Insurance Services, an independent company serving global clientele and accessing global insurance markets. www.usi.com / Sean.…
 
Taiwan is one of the “Four Asian Tiger” economies. Its companies hold 66% of the world’s semiconductor market. It consistently tops the USPTO per-capita list of patent files, and its population of about 25 million enjoys what is considered the world’s fastest internet connection. It is becoming a major player in data. Considered part of China by th…
 
Data privacy is about balancing individual concerns and community needs. Without assurance that private information will be responsibly shared and used, people may not share accurate information or be willing to provide data at all. But to get student aid, applications must reveal sensitive family financial information. To gauge student success, pe…
 
We all value privacy – at least to some extent. But some of us want to be famous, and all of us want to connect with friends and acquaintances. We like the convenience from technology that requires our personal information to operate. So we share our personal details in many ways, and our data flows like water down a stream into lakes and oceans, s…
 
Ransomware - a sinister type of cyberattack that installs malware onto a computer system. Once inside a network, the malware encrypts documents, freezing the IT systems of entities and individuals until they pay ransom to regain access to their data. Recent average cost paid to a ransomware syndicate? $333,000, according to Greg Edwards, founder an…
 
Science and knowledge advance through information gathered, organized, and analyzed. It is only through databases about people that social scientists, public health experts and academics can study matters important to us all. As never before, vast pools of personal data exist in data lakes controlled by Facebook, Google, Amazon, Acxiom, and other c…
 
COVID-19 has changed the world in dramatic ways. Contact tracing emerged as an approach to fight the pandemic’s spread and save lives. The idea is to notify people who have been in close contact with another person who tests positive for the virus. This should allow the contacted individuals to self-quarantine and take measures not to spread the vi…
 
Brazil’s General Personal Data Protection Law or “LGPD” entered into force on September 18, 2020. In this podcast, Thiago Luís Santos Sombra of the prominent Brazilian law firm Mattos Filho, www.mattosfilho.com.br, explains the basic approach to personal data privacy of South America’s largest country. Highlights:• Brazil chose the European Union’s…
 
Robo-calls, phishing, identity theft, ads we didn’t ask for – and worse. How does this happen? How does our personal data get collected, used and sold, without our knowing approval? Data brokers are a primary answer. They are businesses that collect, use, and sell blocks of personal information to a wide variety of buyers. This is not per se a shad…
 
A July 2020 Indian Government Report calls for regulation of Non-Personal Data. Most data privacy laws aim to protect (or not) personal data of people, This Report raises the question whether the world is about to see an explosion of regulation of non-personal data, which could change the business of data and how information flows within and across…
 
Cloud computing offers a business the prospect of efficiency and savings by improving data storage capabilities and outsourcing computing resources that a business need not build for itself. But when data moves to the cloud, does this raise new troubles and make legal compliance more difficult? Or can it minimize risk and increase compliance with a…
 
On June 30, 2020 China enacted a National Security Law applicable in Hong Kong. The UK and USA governments reacted negatively, stoking fears that this could mean the end of the one-country-two systems concept. Front-page news abounds about the meaning, the reach, and the political implications.But what about business and normal life, about Hong Kon…
 
Colombia made personal privacy a fundamental right in its 1991 Constitution. A 2008 law protected personal financial information, and in 2012 Colombia adopted Law 1581, a broad code across all sectors, modeled generally on the European/Iberian approach.Angela María Noguera Moreno, of counsel with the Colombian law firm of Vanegas Morales Consultore…
 
Cookies in the internet sense are packets of data that a persons’ computer receives when visiting a website. Without a cookie sent by an online retailer, every time one moves to a different page on a site, the visitor would need once again to supply account data and other information – a terrible burden! But cookies also represent a potential threa…
 
Medical data are considered particularly sensitive personal information. Laws and regulations in most countries, including the USA and throughout Europe, generally aim to restrict sharing such information with the target of building privacy walls around each person’s data. But making such health data available more broadly is key to improved medica…
 
California Consumer Privacy Act (CCPA) and the so-called European "right to be forgotten" are hot topics as summer turns to autumn.With the CCPA coming into effect on January 1, 2020 amendments to modify it abound in the legislature. Stay tuned for a final Act! Even so, the driving force behind the Act’s passage, Alistair Mactaggart, is not trustin…
 
What do Ecuador, San Diego, the FBI and Bayfront HMA Medical Center have in common? They’re all in data privacy news this first week of fall 2019. This podcast episode checks the data privacy temperature around the world this week.If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.…
 
Sometimes it seems the United States is more a loose federation than a national government. States have a major role in law-making. Data privacy is no exception. A recent law adopted by the State of Maine differs greatly from the California act that will come into force on January 1, 2020. Maine’s law will be effective on July 1, 2020. This podcast…
 
Encryption is often thought of as the basic and best cybersecurity approach to protecting data in transit or in flight. As guest Ken Morris, CEO and founder of KnectIQ, argues, it’s not. Encrypting data is an essential practice, but it’s really not the problem or the solution. Instead, any organization must consider its keys. Best practices in cybe…
 
One country, two systems – that’s the 50-year agreement that led to Hong Kong’s becoming part of China in 1997. This remains an evolution in progress. Hong Kong retains many of its systems independent of the PRC and yet is part of China. What does this mean for data privacy and the rules that apply to business in this powerhouse commercial center?P…
 
No business or individual wants to be the victim of a disaster. Cyber-attacks can cause exactly that. Individuals are the first line of defense for personal privacy and cybersecurity. For businesses, it’s essential to train everyone associated with data systems to avoid letting hackers and other criminals into the network that holds data,Dr. Gleb T…
 
The EU’s General Data Protection Regulation (GDPR) turned one year old on May 25, 2019. What’s been the experience? Kim Walker, Co-Chair of the Privacy Team of Shakespeare Martineau, a premier UK law firm, provides insight into how this comprehensive law of personal data privacy has unfolded in the United Kingdom.If you have ideas for more intervie…
 
India is about to enact a comprehensive data privacy law that will force global and Indian businesses to revise their approach. Stephen Mathias, Co-Chair of the Tech Team at Kochhar & Co., one of India’s premier law firms, explains how India will shift from relatively lax regulation of data privacy to one of the world’s most protective regimens onc…
 
What do serial killers, employees who don’t want their fingerprints shared and a U.S. Senator have in common? Data privacy. In this podcast, Victoria Beckman, Co-Chair of Frost Brown Todd’s Privacy and Data Security Team, discusses this and other news.If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.…
 
The Data Privacy Detective turns the spotlight on five American data privacy developments in a conversation with Melissa Kern, Co-Chair of Frost Brown Todd’s Privacy and Data Security Team.1. California’s data privacy law, CCPA, comes into force in 2020. It’s occupied attention because of California’s size and its potential extraterritorial applica…
 
The May 2-3, 2019 International Association of Privacy Professionals Conference featured leading U.S. officials and participants in the data privacy field. Mike Nitardy, a certified Privacy Professional (U.S.) and data privacy attorney at Frost Brown Todd LLC shares highlights from the conference. If you have ideas for more interviews or stories, p…
 
Picture frontline employees – like those at a motel’s front desk. In come ICE agents with gold badges asking to see guest logs, aiming to identify and track down undocumented aliens. What’s the desk attendant to do? Most likely, cooperate without thinking it through. This led to costly problems for Motel 6 – a $12 million settlement in the State of…
 
Businesses have far more personal data than they think they have, and information expands by the hour. This is a key finding from an April 2019 Data Privacy Maturity Study from Integris Software – www.integris.io. Data flows change daily, and yet many businesses rely on spreadsheets and annual surveys to learn what data they house, resulting in ina…
 
Businesses hold vast amounts of digital and hard copy data. Much is personal data regulated by differing country and state laws and rules. The first step towards personal data privacy compliance is to know what personal data are held by a company. But traditional means of inventorying personal data undercount and are almost always behind the curve …
 
Data incidents arise regularly for businesses. The perpetrators range from sophisticated scoundrels seeking a quick ransom payment, to foreign governments conducting industrial espionage, to thieves seeking inside information, to distant hackers seeking personal data to sell on the dark web. When an incident arises, companies turn to legal counsel …
 
The European Commission issued its second review of how the EU PrivacyShield is working in late December 2018. Over 4,000 U.S. firms have signed up so far for this method of dealing with the GDPR (General Data Protection Regulation) of the European Union that protects personal data of its residents. The Commission’s report approves U.S. efforts to …
 
China should never be viewed through a foreign lens. And yet, what other lens do we have from the USA or most of the world but to do just that? Bloomberg News reported two statistics on November 21, 2018 that will shock most non-Chinese citizens – “By the end of May, people with bad credit in China have been blocked from booking more than 11 millio…
 
Russia governs personal data of its residents based on a generally applicable law. As a federal country, Russia has rules below the federal law, but they conform to standards set by statute throughout the nation. Though not as comprehensive as Europe’s broadly extensive General Data Protection Regulation (GDPR), Russia’s statute aims to protect the…
 
The internet was once viewed as an instrument of freedom. It freed communications across borders, aided the ability of people to rally against repressive governments, dramatically lowered entry barriers to sellers of goods and services across borders. But like many good things, the internet has been increasingly harnessed to repress – or more neutr…
 
Because U.S. states employ over 16 million people and hold the data of almost all American residents, state governments are major targets for data villains seeking to obtain data about us. How safe is our personal information in the hands of state governments and what security challenges must states address to better protect personal data?Podcast g…
 
The EU’s GDPR requires businesses outside the EU to appoint a “representative” in a member state and a Data Protection Officer in the EU to consult on and monitor data privacy matters. In this episode, Alessandro Di Mattia joins us to explore the definitions and requirements surrounding these positions and the roles they play in protecting consumer…
 
The California Supreme Court faced a challenge that may have been the first stone cast in a global debate about free expression on the internet. The case centered on a San Francisco law firm that got a one-star YELP review from an unhappy former client. When the firm’s YELP rating dipped from 5.0 to 4.5 the law firm successfully sued the reviewer f…
 
“California enacts the strictest online privacy law in the country!” trumpeted CNN/Tech. A statute passed unanimously in the legislature and immediately signed by Governor Brown, AB 375, had the support of large tech firms and privacy advocates. It moves California in the direction of the European Union, granting rights to California consumers conc…
 
Businesses not located in the European Union have tried to understand whether the General Data Protection Regulation (GDPR), applies to them. And if it does, or if it might, one of the puzzles has been whether a non-EU business needs to appoint a natural person or legal entity to be its “representative” or a natural person to be its “Data Protectio…
 
How did U.S. businesses deal with the launch of GDPR? And what’s its immediate impact on how U.S. businesses address personal information they have? The Data Privacy Detective turns the magnifying glass to this question, focusing on small and mid-sized (SME) U.S. businesses that hold personal data of Europeans.Most coverage about GDPR is about tita…
 
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