For those of us who pay attention to and care about these kinds of things, the Court of Justice of the European Union has issued a ruling today stating that the FTC’s Privacy Shield framework governing the transfer of personal data from Europe to the United States is no longer valid. This ruling is very… Read More
When you’re a lawyer and you write about truth, you’re basically asking to be insulted because….you know….you’re a lawyer. It’s true, some of my fellow legal professionals have occasionally had a less than intimate connection with the truth, but, in general, even the best lawyers squint their eyes and look wary when someone talks about… Read More
We’re big fans of January around here, enjoying, as we do, the prospect of starting the new year off the right way and looking at things afresh. There’s something special about the focus that comes with new beginnings and the excitement of starting new projects after the whirlwind of the holiday season. The one thing… Read More
After a whirlwind start to this year (let’s leave the decade debates aside please), we’re finally ready to start making our 2020 predictions for privacy, data partnerships, and data strategy. This is where we lay out our view for how businesses, regulators, government, and internet users will shift the rules and change the way we… Read More
You may recall that we made some predictions way back in January about what would happen in privacy, privacy law, and data partnerships over the course of 2019. Well, we believe in accountability, and so it’s time to check out how well we did. There’s a reason that most people don’t reflect on their New… Read More
Very often, we hear clients or businesses express the idea that “we want to give our customers control over the privacy of their data, and that sounds good, but making it a reality is much more complicated.” That’s a fair assessment — operationalizing privacy is something that companies in the U.S. have a difficult time… Read More
One of the questions I hear most frequently is “will the GDPR be as big a deal as everyone promised?” Of course, the real question is “will the GDPR be as big a deal as you, Jay, promised,” and it is a fair one. Privacy commentators spent a great deal of time in 2018 talking… Read More
There have been dozens of articles and news pieces about the need for “ethics in AI” or “ethical AI.” This (apparently brand new) issue arises from a number of causes, including public concern over facial recognition, the use of automated decisionmaking, and the ongoing public fascination with the darker side of artificial intelligence (see: Black… Read More
When you think about it, facial recognition is a deeply “human” action. It’s the most common way for people to recognize one another, it’s one of the earliest stages of our developmental attachment to our parents, and it is, by far, the easiest way to evaluate someone’s credibility, intentions, and personality. It explains why we… Read More
The Internet is a risky place for “expertise.” Because it is both a platform and a megaphone, it creates its own multiplier effect for whatever you put into it. If the arguments of the last few years have proven anything, it’s that even a poorly concocted lie spreads far faster than a well-explained truth, largely… Read More
We spend an enormous amount of time talking about the benefits of data partnerships but, of course, they aren’t without their risks. No one enters into a business relationship assuming that everything will go exactly as planned (without serious problems later, anyway). But how do you identify ways to protect your business, your data, and… Read More
The Internet went into full “give me a Drudge Report siren” mode last week about Facebook’s announcement that it anticipates a fine of three to five billion dollars from the FTC in the coming months. The fine, a result of Facebook’s violation of a 2011 consent decree with the Commission related to privacy practices, tracking,… Read More
Biometric data is information at its most sensitive. Not only do health and physical characteristics carry with them the very concept of our personhood and humanity, they are also often immutable and, therefore, permanently identify us. I can change my email address or my password, and I can even get a new legal name if… Read More
Ask any young litigation associate in a large law firm what the most important skill they learned in their first few years practicing was, and the honest ones will say “Control-c, Control-v.” Yes, Copy-and-Paste activities occupy an enormous portion of young associates’ time, for a number of reasons. They’re risk averse, so they want to… Read More
The longer you spend in data-oriented businesses, the more you notice a funny thing about the language used to describe data sets and their uses. While, early on, the language sounds a lot like what you’d use to describe currency (“valuable,” “fungible,” “velocity,”), eventually it all starts to sound like you’re talking about food (“organic,”… Read More
For most of us who remember a time before widespread access to the Internet (it was mostly Donald Duck games on your Commodore), going online was a decidedly American-feeling affair. One could be forgiven the thought, given that the largest internet service provider for years was….America Online. And, largely, that tracked the history and development… Read More
The Boston Dynamics “dogs” have become something of an inside joke around here: any time we want to suggest that an idea, project, or new technology might have worrisome long-term implications, the robotic canines come up in conversation. Much of it has to do with their somewhat surreal, uncanny valley look, something familiar enough to… Read More
It seems that every time we turn around, there’s new data or Internet legislation on the table that the media describes along the lines of “similar to the GDPR,” or “GDPR-like.” It makes sense, of course, given that the GDPR is the most important legislation on privacy in several generations, though it can blur some… Read More
Although we consistently discuss the importance of managing data about customers or partners, it’s crucial to pay attention to a key demographic of your intrinsic datasets – employees. Your team generates an enormous volume of data simply by showing up to the office (HR data, payment information, personal login details and passwords, etc), and the… Read More
There are times when it’s difficult to pick a topic to write about for this blog, because data privacy and data partnerships are such broad subjects that it’s like selecting from an unlimited menu of issues. We could discuss GDPR or CCPA or a data breach or technological trends or creating a mutually beneficial data… Read More