Data Privacy Detective

By: Joe Dehner - Global Data Privacy Lawyer
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  • Summary

  • The internet in its blooming evolution makes personal data big business – for government, the private sector and denizens of the dark alike. The Data Privacy Detective explores how governments balance the interests of personal privacy with competing needs for public security, public health and other communal goods. It scans the globe for champions, villains, protectors and invaders of personal privacy and for the tools and technology used by individuals, business and government in the great competition between personal privacy and societal good order. We’ll discuss how to guard our privacy by safeguarding the personal data we want to protect. We’ll aim to limit the access others can gain to your sensitive personal data while enjoying the convenience and power of smartphones, Facebook, Google, EBay, PayPal and thousands of devices and sites. We’ll explore how sinister forces seek to penetrate defenses to access data you don’t want them to have. We’ll discover how companies providing us services and devices collect, use and try to exploit or safeguard our personal data. And we’ll keep up to date on how governments regulate personal data, including how they themselves create, use and disclose it in an effort to advance public goals in ways that vary dramatically from country to country. For the public good and personal privacy can be at odds. On one hand, governments try to deter terrorist incidents, theft, fraud and other criminal activity by accessing personal data, by collecting and analyzing health data to prevent and control disease and in other ways most people readily accept. On the other hand, many governments view personal privacy as a fundamental human right, with government as guardian of each citizen’s right to privacy. How authorities regulate data privacy is an ongoing balance of public and individual interests. We’ll report statutes, regulations, international agreements and court decisions that determine the balance in favor of one or more of the competing interests. And we’ll explore innovative efforts to transcend government control through blockchain and other technology. If you have ideas for interviews or stories, please email info@thedataprivacydetective.com.
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Politics & Government
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Episodes
  • Episode 155 — Data Privacy News from December 2023

    Episode 155 — Data Privacy News from December 2023
    Jan 4 2024

    Episode 155 considers three important developments as 2024 opens:

    • How the European Union’s pending AI Act blazes a new trail
    • How umbrella insurance may or may not apply to claims involving biometrics
    • How Quebec’s 2023 data privacy act will reshape privacy notices throughout North America.

    Yugo Nagashima and Brion St. Amour, attorneys with the coast-to-coast U.S. law firm Frost Brown Todd LLP, team with the Data Privacy Detective to cover these three essential matters.

    On December 9, the European Union published a preliminary agreement on the Artificial Intelligence Act, a pioneering law that provides a framework for sale and use of AI in the EU. We consider what the AI Act covers and the four-levels-of-risk approach the EU will take for regulating AI.

    We then jump into discussion of a class action lawsuit against Krispy Kreme Doughnut Corp. The suit claims a violation of the Illinois Biometric Information Privacy Act (BIPA). Does Krispy Kreme’s insurance coverage apply? We consider the distinction between the lawsuit's claims and the company’s umbrella policy. The insurer declared that Krispy Kreme is not entitled to an insurance paid defense, based on a policy exclusion.

    The Quebec Act for protection of personal information in the private sector became law in September 2023. December 18, 2023 Guidance from Quebec’s Commission covers what must be in privacy notices, including that they be in clear, simple language (in French and English). https://www.cai.gouv.qc.ca/politiques-de-confidentialite/ What is “clear and simple”? The Guidance offers a checklist of what organizations should say in their website privacy postings, and is certain to force changes in websites of digital businesses that cover U.S. and Canadian markets.


    Time stamps:

    01:16 — EU’s pending AI Act

    10:11 — Umbrella insurance and biometrics

    17:08 — Quebec’s 2023 data privacy act
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    27 mins
  • Episode 154 — Online Privacy – Cookies, chatbots, and data sharing

    Episode 154 — Online Privacy – Cookies, chatbots, and data sharing
    Dec 28 2023

    Why do businesses create cookies for their websites – and what choices can visitors make when a popup asks us to choose? Can chatbots write privacy policies for businesses? How can we determine if a website shares personal information we provide to it – and if so, for what purposes?

    Donata Stroink-Skillrud, President and Legal Engineer of Termageddon (https://www.termageddon.com), addresses these questions. As data privacy laws and regulations spread, data privacy technology and policies must adapt. As website visitors, we should understand our choices when deciding what to click on cookie popups and should know whether a website business is gathering our personal information for limited and proper purposes. Learn a trick about how to know if a business shares personal information. Businesses wishing to be privacy compliant and earn a privacy-centric reputation should consider top tips. For individuals, hear advice for how we can protect our personal information in a world of growing threats to our privacy.


    Time stamps:

    01:00 — Cookies, explained

    06:21 — Chatbots, explained

    10:56 — How can we find out if a business is sharing our personal information?

    14:21 — Tips for businesses that want to focus on user privacy

    15:24 — Tips for individuals who want to protect their privacy
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    17 mins
  • Episode 153 — Online Advertising, Consent, and Data Privacy: Big Changes looming for 2024

    Episode 153 — Online Advertising, Consent, and Data Privacy: Big Changes looming for 2024
    Dec 21 2023

    When we visit websites, we increasingly see popups. Why is this? How does consent affect online advertising? And what’s changing in 2024?


    Mate Prgin, founder/CEO of Enzuzo (https://www.enzuzo.com) explains how Google’s 2024 standards force online retailers to obtain express consent from customers for collecting and sharing personal information. Bolstered by the recent Quebec Law 25 (first in North America to adopt GDPR-style consent standards) and spreading U.S. state laws led by California, North American online sellers are driven to change their website technology and practices to give consumers the choice of allowing or refusing their personal information to be shared and used for personalized advertising. The meaning of “consent” and how it is provided in practice become essential for internet commerce in 2024. Understand how internet retailers can comply with law and private sector standards, how individuals will be empowered to exercise choices when shopping online about how their personal information will be used and shared.


    Time stamps:


    01:30 — What do you see in 2023 about data privacy compliance

    04:23 — Google’s 2024 standards, explained

    10:48 — Top tips for businesses in setting up their websites with privacy for users in mind

    11:58 — Top tips for individuals who want to protect their privacy
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    13 mins

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