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Data Privacy Detective

Joe Dehner - Global Data Privacy Lawyer

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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 ...
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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…
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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 Termagedd…
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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. Bol…
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Data clutter – we keep our homes tidy, at least some of us do. But what about digital data? It accumulates and grows over time. Unlike hard copy files, which can be pitched or sent to long-term (expensive) storage, data is silent and unobservable (except perhaps to IT personnel). Explore how organizations amass vast amounts of data containing perso…
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Major data privacy news from November - the meaning beneath the headlines: California issues proposed rules on ADTs – Automated Decision-making Technology. Applying California’s principal data privacy statute, the California Privacy Protection Agency proposes opt-out requirements, pre-use notices, and other measures for AI and related organizations…
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Perry Johnson & Associates (PJ&A) provides medical transcription services to healthcare organizations. Its website states that it offers “secure HIT solutions,” using “multiple U.S. based, secure data centers for documentation storage and disaster recovery.” But in November 2023, PJ&A began informing about nine million people by individually sent l…
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Blockchain technology. Can it be a solution to privacy risks inherent in traditional IT? How is it different from cryptocurrency? What can it do to allow both individuals and organizations to limit and protect personal information exchanged in daily life? Explore these questions in Episode 149, with Zenobia Godschalk, head of communications for Swi…
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Post-Quantum Data Privacy – what is it? What does it mean for organizations and individuals? That is this episode’s focus. Tune in to learn how one company offers privacy-protect ive messaging and cryptocurrency services in the age of Web 3.0 and quantum computing. JB Benjamin, the founder of UK-based Kryotech Ltd. (Kryotech Group), provides a tour…
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How small and mid-sized organizations can afford privacy by design: Making data privacy and security affordable and scalable Tech giants have vast budgets for cybersecurity and data privacy. But most organizations are small or mid-sized enterprises (SMEs) and can’t afford expensive in-house talent, hardware, and software to combat data piracy or pr…
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October 2023 was a busy month for data privacy. Join our monthly podcast of three major developments in the world of personal information and technology. Our picks are these: 1. On October 30, President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (AI). Noteworthy to Data Privacy was his call for Congress…
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Malevolent attacks on data are rising. Misuse of data is an increasingly sophisticated criminal industry. How to defend? Philippe Humeau, a founder and the CEO of CrowdSec (CrowdSec - The open-source & collaborative security suite) is our guest. He explains how an open-source approach to editing a collaborative security stack for identifying and sh…
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External data privacy – what is it? How do current threats to personal data privacy require defenses beyond stronger hardware and software? Harry Maugans, CEO of Privacy Bee - https://privacybee.com - explains how external data privacy requires us all to think beyond protections provided by organizations to which we belong. Data brokers, AI databas…
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Today’s vehicles have cameras looking inside and outside and communicate information about us to third parties as we drive. This supports continuous product improvement by automakers. But it also raises important privacy concerns. Yevgeny Khessin, Founder and CTO, and Andy Chatham, Co-Founder, of DIMO (https://dimo.zone) take us on a tour of how ou…
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Amazon Store challenges the European Union over whether it is a VLOP. What’s that, you ask? Find out and discover how an EU Court issued an early split decision under the EU’s Digital Services Act. America’s first state, Delaware becomes the 12th state to adopt a comprehensive data privacy code. Google agrees to pay $93 million, strengthen its priv…
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Artificial intelligence – AI. Headline news, Senators gathering with gurus to figure out what to do, lawsuits, chatbots that offer to be our virtual concierge but then make up stuff in their responses. What’s at stake for our privacy? And what does it mean for us as individuals? Not for us as unwitting data providers or as recipients of communicati…
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Decentralized Finance – DeFi – is with us and spreading. Tune in to Episode 140 to understand DeFi - how blockchain technology works and what privacy concerns are at stake. Consider a technology that increases the protection of organizational and individual private information when financial transactions are conducted through DeFi instead of tradit…
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Tech giants have invented eyeglasses that can tell us the name of a person we encounter. An image of the person is sent to an AI database. Within seconds, the glasses name the individual we are seeing. Retinal scans, fingerprints, photos posted on Facebook, Fitbit data about heart rate – all represent biometric information about us that is digitize…
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August 2023 was a news-filled month for data privacy. Tune in for a review of top developments: Biometrics – how Illinois deals with ClearviewAI’s use of facial recognition data and how a new lawsuit challenges Amazon’s and Starbucks’ use of biometric payment systems in New York City CFPB – how the U.S. Consumer Financial Protection Bureau has decl…
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The U.S. Government collects data globally about persons and organizations. In doing so, it collects vast amounts of data about U.S. persons “incidental” to collecting foreign intel for national security purposes. Since the Carter Administration when the Foreign Intelligence Surveillance Act (FISA) became law, this has raised conflicts between the …
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The world’s most populous country adopted a comprehensive data privacy code in August 2023 – the Digital Personal Data Protection Act. Join this episode for a tour of the law’s main features. A departure from the EU’s GDPR approach and from prior draft bills of the Government, India took a unique approach to protecting digital personal information …
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Generative AI – ChatGPT for example. Have you considered how generative AI collects our personal information to provide its benefits in ways that can do us wrong? What can we do about the risks? How should legislators and regulators balance AI’s benefits with our rights to personal privacy? Rita Garry, a Chicago attorney with the firm of Howard & H…
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July 2023 was hot – record setting global temperatures. Likewise in the data privacy world. Tune in for an exploration of three top topics in data privacy by Frost Brown Todd’s Yugo Nagashima and Brian St. Amour with the Data Privacy Detective. Illinois – major Supreme Court decision from the first state to adopt a biometric data privacy law – rais…
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Our personal data is collected, sold, shared, used, and misused in ways most of us cannot imagine. Data brokers that buy and sell our personal information (“PI”) do it behind the scenes and almost always without our knowledge or consent. Data brokers are largely unregulated. What can be done about perils that have led to murder, theft, and other ma…
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Who owns our personal data? As technology advances in Web 3.0, traditional software and claims of third parties over what they can do with our personal data are under challenge. Join Chris Were, co-founder and chief architect of the Australian company Verida, to consider how blockchain thinking can allow us to achieve self-sovereign identity. Explo…
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Oregon, California, and TikTok top the list of data privacy developments of June 2023. Tune in for how Oregon’s new data privacy statute blends the best of California and other state statutes for a comprehensive code and adds a unique twist about who can enforce it. Learn how a California court extended the effective date of a California agency’s r…
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Employers and employees – how much privacy is there in the workplace? Episode 130 explores this question in the United States. What’s an employee’s reasonable expectation of privacy while working? How do federal and state laws limit employer surveillance of employee activity? What limits are there to an employer’s monitoring of employee use of comp…
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What happens to our personal information after death? What can we or society do about whether any privacy exists for dead people? Episode 129 considers post-death privacy. Data privacy laws are largely for and about the living and give scant attention to the dead. But a few extend to protect data privacy after death, regarding medical information a…
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Our personal medical information is sensitive. It becomes digital data shared beyond the medical professional who requests and needs it to provide care. Learn how our medical information is shared and used in ways that create privacy risks many of us do not wish to assume, how tech companies profit from its use, how federal and state law provide ru…
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Get the latest on data privacy news from May 2023. Meta is fined about $1.3 billion for transferring European personal data to the States. But what’s underneath this record fine? What does it mean for how personal data rules are enforced in the EU? Are EU standard contractual clauses no longer a safe harbor for trans-Atlantic business? Washington a…
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Bail decisions are critical in the lives of arrested persons. They come without judgment of guilt or innocence but can mean the deprivation of freedom for individuals as they await trial. But they can also have crushing unintended consequences for persons who become the victims of persons released without bail or on insufficient bail. Episode 126 t…
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Identity orchestration. Explore its meaning. Discover in Episode 125 how identity orchestration can protect data privacy and data security. Founder and CEO of Strata Identity [https://www.strata.io/], Eric Olden explores with us the change under way from passwords and multi-factor authentication to a radically different approach to safeguarding and…
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The modern automobile – a marvel of technology and transportation. It collects enormous amounts of data about us. This information is used for continuous improvement in design and safety and for our convenience. But it also creates risks to personal privacy. Episode 124 provides a tour of what automakers, suppliers, and users can do to create fair …
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How can an organization comply with a wide diversity of privacy laws being adopted and changed across the globe? How does an organization create a compliant and privacy-responsible policy to assure its customers that their privacy will be protected? Join Rachael Ormiston, Head of Privacy at Osano, as we explore these questions. Osano offers a “No F…
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What do Indiana, Tennessee, and Montana have in common? They adopted comprehensive data privacy laws in April 2023. Explore the similarities and differences and a unique Tennessee provision about national standards. Is a pattern emerging for how the U.S. regulates personal data? Consider the privacy implications of Artificial Intelligence. Global l…
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Join Duane Laflotte and Patrick Hynds of Pulsar Security as the Data Privacy Detective asks these essential questions about cyber-crime and data privacy: How hard is it to break into a website or organization’s IT system? What are top tips for mid-sized organizations to defeat data attacks? What’s the future for people seeking a cybersecurity caree…
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Artificial Intelligence and data privacy. Explore their relationship in this episode. It’s a subject little addressed by law or regulators and largely invisible to the public. AI depends on amassing a huge amount of personal information, collected and processed largely without consent or awareness of individuals whose personal information is being …
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What do ChatGPT, Iowa, TikTok, and Spyware have in common? They all made data privacy news in March 2023. Italy’s Data Protection Authority blocked ChatGPT internet use on privacy grounds, the first western government to do so. Iowa became the sixth U.S. state to adopt a comprehensive personal data protection code. President Biden issued an Executi…
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Prominent South African data privacy attorney Ahmore Burger-Smidt described 2022 as a year of “bloodbath” for personal data privacy in a recent report from her firm Werksmans. The firm manages the Lex Africa Legal Alliance, with members in over twenty-five African countries. Cybercrime is extensive and growing in Africa, similar to trends evident i…
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Government regulation is moving towards giving consumers the right to stop companies from selling or share their personal information. How easy do companies make it for consumers to make this request—and then have it mean something? This episode contrasts two companies that take very different approaches to the question. One company makes its money…
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Many of us wonder how the internet knows so much about us. We are barraged with tailored ads as we use the internet. How does this happen? How does this affect the compliance risks of businesses and the data privacy of us all? Dan Frechtling, CEO of Boltive, explores the digital advertising ecosystem in Episode 115. Explore the sub-terrain of the i…
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The Data Privacy Detective welcomes Frost Brown Todd attorneys Mike Nitardy and Yugo Nagashima to cover three important developments in the world of data privacy: -Updates to the California Privacy Rights Act (“CPRA”) – highlights of final regulations just issued -FTC settlement with GoodRX - the first enforcement of the Health Breach Notification …
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Business Email Compromise – it’s a major way that global thieves steal trillions of dollars. Bill Repasky, an attorney at Frost Brown Todd LLP, with years of experience in electronic payments and cyber-fraud defense, explains how attacks of this type occur, why they are growing, what can be done to prevent them, and what a business can do if attack…
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Canada and the United States are each other’s major commercial partner. Many U.S. companies have Canadian customers and collect and process personal information about Canadians. They must therefore understand Canada’s and its provinces’ regulation of personal data privacy. The Canadian regulation of data privacy is very complex, with a maze of the …
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“If it’s free, then you are the product.” We carry in our pockets devices that have powerful mechanisms for collecting our information–where we go, what we buy, and even how fast we move. Every time we scroll through social media on our phones, we are submitting extremely precise data about what we might be interested in… even down to how many seco…
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Tech giants like Google, Apple, and Facebook incur huge Euro fines from European Union data privacy authorities. This is a “stick” approach, perhaps more like a “club,” of forcing EU rules upon global companies, aiming to force tech giants to change data privacy policies and practices to GDPR’s strict demands. Enter the Netherlands - with a differe…
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William McKnight, one of the most highly published analysts in information management, offers insights into the future of how big data and artificial intelligence are changing the world. The McKnight Consulting Group is a leading data strategy and implementation firm that helps businesses solve complex problems through the use of growing personal i…
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Data brokers acquire and sell data that includes personal location information. This exposes to others visits of women seeking pregnancy healthcare options, the church, synagogue, or mosque we attend, and other sensitive information we would prefer to be kept private. In August 2022, the U.S. Federal Trade Commission sued Kochava, an Idaho based da…
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Data breaches are now daily news, like weather reports. Podcast 101 digs beneath the headlines into what happens with data incidents that result in breaches – where our personal information goes, whether it’s ever truly recoverable, what businesses can to do to prevent and address breaches, what consumers can do about it, and how one company office…
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