It should be clear by now that we are most comfortable expressing our thoughts in the form of movie quotes, falling as we do into that demographic of Americans who believe that if you can’t say it with a gif from an 80s movie, you don’t need to say it at all. Really, it works… Read More
The ballot initiative was pulled, the law was passed. But will the California Consumer Privacy Act (CaCPA) move forward to be one of the most significant steps in data privacy law or will the law be watered down through the revision process. This is a big test to see how California handles data privacy and… Read More
In this episode of the “Are You DataSmart?” podcast, the Ward brothers discuss the first court ruling on GDPR that went against ICANN, the non-profit domains platform that powers the internet. What is so fascinating about this first decision is that it specifically puts “data minimization” on display. It isn’t a theory anymore! PODCAST TRANSCRIPT… Read More
In this episode of “Are You DataSmart?” we examine the Supreme Court’s most important ruling on privacy in Carpenter v. United States. It is a major development in privacy law, laying the foundation for an interpretation of the Fourth Amendment that protects against generalized government surveillance by electronic means. Together with United States v. Jones, it brings… Read More
Episode 16 of the “Are You DataSmart” Podcast covers the major operational issues caused Article 17 of the GDPR, Right to erasure (‘right to be forgotten’). Deleting records causes amnesia-like symptoms for businesses and will afflict every business that receives a withdrawal of consent or a notice to erase data about an individual or data subject. Specifically: The… Read More
GDPR allows for the deletion of all data on a subject. This creates a long and short term memory loss problem, similar to amnesia that equates to the data immediately re-appearing in the company’s data base. Read More
The race is on! California jumped to an early lead to get the California Consumer Privacy Act (CCPA 2018) onto their November ballot, but look out! Here comes Vermont, from out of nowhere, to try to be the first State with a GDPR-like law on the books. In this episode of the Are You DataSmart?… Read More
The three pillars of GDPR are transparency, security, and consistency. Regulators have stated they see transparency as the central point, but the other two are equally important. When a natural person asks your company for a Data Subject Access Requests (DSAR), how will you react? The Ward brothers explain what companies need to expect within… Read More
One of the most popular memes in recent years has been the “distracted boyfriend” meme. The coverage has been amazing, including the identification of an 18th Century equivalent painting. One of the most striking things about the meme is that the presumably current girlfriend has a similar look to the presumably new girl that is… Read More
One of the most forward-looking articles in the GDPR is Article 22. By identifying automated decision-making as a specific issue with data processing, the GDPR is also stepping into the forefront of machine learning and artificial intelligence. The Ward brothers discuss AI and Machine Learning and the gap in decision making that many of these… Read More
The demonstration of Google Duplex has both stunned and terrified the world. AI can do that. For some legal insights into this, check out Jay Ward’s discussion on his blog post here. If you haven’t watched the video yet, its worth the few minutes to understand what all the commotion is about. We play the… Read More
It’s May, which means we’re now in that frantic time period leading up to the GDPR where the biggest concerns loom largest. For some, that’s the documentary obligations under the Regulation, for others it is whether to hire a DPO, but it seems that everyone I talk to is worried about Article 20’s requirement for… Read More
With DNA from relatives in a database, police investigators have tracked down, and have in custody, the suspected man behind the Golden State Killer. Now every privacy professional in the world is questioning what this means for DNA data access. Read More
Realizing you are “mostly dead” according to the federal government is the definition of a mid-life crisis. But the data might prove them wrong. Read More
The concept of “Consent” will be a massive change for companies. Most databases might have a flag for consent, but the concept of providing consent and withdrawing it, at regular intervals, could turn every data platform on its head. Read More
Like a horror movie where the evildoer is not revealed until the last few scenes, I am finding that many applications that I use every day have slowly been accumulating “links” to my Twitter account.
This is a photo of several items in my house and to the right is the device that controls them. I told you I am already a total geek. In reality, Alexa doesn’t control the oven or microwave yet… yet.
When will GPS actually work? I’m on a freaking boat and this is what I get? Read More
It is truly amazing how easy it is to track your progress through a country when your phone auto-geocodes every photo. This is last week for me as I went from Berlin to Paris to London.
So this is a relatively typical bathroom at a train station in Europe. Like many public restrooms here, you have to pay for entry, which is supposed to help defray the costs to keep it clean. But look closely at the right-hand side of the door.