Should the U.S. implement a national policy… or should regulations be left solely to 50 states? How will each impact our success on the national and international business/trading spectrum? Will our treatment of data be in accordance with EU and other trading partners laws? With leaders in this space who are close to the issues, we explore how this may unfold.
The Perspective of NCUA Board Member Rodney Hood
Jerry and Jody are joined this week by National Credit Union Administration Board Member Rodney Hood, who chaired the NCUA Board until early 2021. He made cybersecurity and data protection at credit unions a priority when he became NCUA Chairman in 2019 and he has spoken frequently about the challenges that credit unions face in coping with privacy law requirements and cyber threats. Mr. Hood, who served as Vice Chair of the Federal Financial Institutions Examination Council (FFIEC), has urged the importance of clear and consistent federal privacy compliance standards for all financial institutions in the face of an emerging patchwork of state privacy enactments.
The Honorable Rodney Hood is a Board Member and immediate past Chairman of the National Credit Union Administration. He was the first African American to head a federal financial regulatory agency. Before assuming the leadership of NCUA, Mr. Hood served as corporate responsibility manager at JPMorgan Chase.
The Proposed EU ePrivacy Regulation and Its Implications for U.S. Privacy Legislation
This week, Jerry and Jody examine the proposed EU ePrivacy Regulation, which was approved by the Council of the European Union on February 10, 2021. We discuss the scope of the proposed Regulation, which covers both consumer and corporate electronic communications and would replace the current ePrivacy Directive, commonly known as the “EU Cookie Law.” The new ePrivacy Regulation, if adopted, will have broad coverage including electronic communications, cookies, direct marketing, and other instances where data is collected, including the emerging Internet of Things (IOT). It would have sweeping implications for e-commerce in Europe and beyond and potential national security implications as well. It may also influence the content of state and national legislation in the U.S.
In this episode, Jerry and Jody talk with Kabir Kumar, a Director at Flourish Ventures, an investment fund with a focus on promoting financial inclusion, domestically and internationally, exploring the empowerment that he believes can be achieved by giving individuals greater access to and control over the uses of their personal data. We discuss the policies that he and his colleagues are advocating with the U.S. Senate Banking Committee for enhanced privacy and data control rights, the vacuum created by the lack of U.S. leadership in data regulation, and how India – a leading IT and software provider to U.S. companies – may help shape policy in this area. We also talk about the prospects for reaching an international accord on data use and protection of individual rights.
The Intersection of Technology and Privacy (with Chet Hosmer)
In this episode, Jerry and Jody are joined by Chet Hosmer to explore how technology can undermine or support privacy and data security. We also discuss vulnerabilities in security protocols and what can be done to enhance them.
The "Private Right of Action" Question (with Mark Rasch)
This week Jerry and Jody have a discussion with Mark Rasch, a recognized authority on cyber and privacy related litigation, regarding the issues surrounding individual enforcement of privacy rights and the concept of a new Private Right of Action in a legislative context. Provision for a Private Right of Action, or the absence thereof, has been identified as a point of contention among those advocating national privacy legislation. It is an issue that must be resolved if national privacy legislation is to be enacted. We discuss briefly the history of private rights of action in the context of privacy law in the United States and explore how private rights of action are treated under proposed and enacted state laws as well as the GDPR.
Fascinating and informative
Highlights key issues and hopefully stimulating a national conversation. Well done. Worth a listen!