Data Privacy Legislation and the “Brunhilde Effect”

One day before the midterm elections, and we’re fully into the silly season of data-related legislation in the United States, with prospective members of Congress setting forth their approach to managing privacy and security with a variety of proposals that are….let’s call them “interesting.”  I say “interesting” because it’s intriguing to see that candidates treat… Read More

Key Takeaways from the International Conference of Data Protection and Privacy Commissioners

Last week, I attended the 40th ICDPPC in Brussels, which is the global meeting of all privacy and data security regulators.  The theme of the conference was “Debating Ethics,” and it was a deep dive into the interplay between digital commerce, regulation, and human dignity.  There were representatives from around the globe, of course, but… Read More

Small-Medium Sized Business Data Myths – Part One

We were fortunate to present at the B2SMBi Conference last week, which gathers small and medium sized businesses (“SMB”) and the service providers that allow them to grow and function at scale.  It was a great event, with everyone from micro-startups to Google in attendance, and it provided great insights into the concerns SMBs and… Read More

Data Quality, or “Garbage in, Garbage Out”

Another week, another series of massive data breaches.  Of the few we heard about in the last seven days, none are as concerning as Facebook’s breach involving more than 50 million user accounts.  Those are the kinds of numbers that, depending upon how the breach occurred, could incur a massive penalty at the hands of… Read More

There Definitely Won’t be a Federal Data Privacy Law. (Maybe. We’ll See.)

“There’s no way the federal government is going to create a federal privacy law.”  “It’s just not going to happen.”  “Not a chance, no way, forget it.”  “There isn’t a political will in Washington to get it done, and so we can all just assume that it’ll all be only the states issuing regulations for… Read More

GDPR Three Month Checkup (And Three Issues to Watch)

It’s been just about three months since the GPDR went into effect, it’s what makes sense for many people right now to be wondering just how the whole process is going. After all, it was all anyone in the media wanted to talk about for months leading up to May 25. Now? There doesn’t seem… Read More

Two (Really Bad) Approaches to Privacy

We’ve reached that time of year when everyone is basically in summer mode – non-work plans being made, last day of school or first day of camp lunches being packed, the inevitable first sunburn (for me, not the kids). It’s the time of year when there’s also a downshift in activity, and (even in the… Read More

Privacy is Everybody’s Business (Or Needs to Be)

It’s been a whirlwind few weeks since GDPR came into effect, and it seems that many people are learning about privacy rights for the first time. Plenty of them are making data subject access or deletion requests, including against the biggest players in the market. Even though there were years’ worth of stories about data… Read More

Why the LabMD Case is So Important

Yesterday, the Eleventh Circuit Court of Appeals issued a long-awaited ruling in a case called LabMD v. FTC.  Followers of the case will tell you that it has been, to put it mildly, an interesting saga, and it hits on the biggest data related issues of the past fifteen years.  The ruling has serious implications for… Read More

The Three Pillars of GDPR – Consistency (No. 3)

And so, at long last, the GDPR is the law, and we leave behind the relatively lower standards under the Data Protection Directive.  The Directive, which has been on the books for more than two decades, now passes into obsolescence, like beepers or, in Miami, traffic laws.  Now, we’ll all start to learn what the… Read More

GDPR Countdown – Four Weeks to Go

Living in Miami means we deal with hurricanes. For most Floridians, the response to a Category 1 or 2 storm is to buy enough food for a hurricane party and binge Netflix until the power goes out. A Category 3 means block the windows, and at a Category 4, we’re gone. The problem is that… Read More

GDPR Countdown – Five Weeks to Go

My kids have a tendency to throw rules of evidence around at one another when they’re arguing because, you know: lawyer kids. One of my favorite lines is “you have no evidence at all that I did that!” which is usually called out despite blatant, overwhelming proof to the contrary, like the culprit being covered in… Read More