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.
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.
Taking a Look at State Privacy Efforts: Can They Guide Federal Legislation? (with Michael Aisenberg)
Jerry and Jody are joined by Michael Aisenberg, Chair of the American Bar Association’s (ABA) Information Security Committee and ABA Observer to the Uniform Law Commission’s (ULC) project on Collection and Use of Personally Identifiable Data (CUPID). We discuss with Michael whether the CUPID effort or the Privacy Act of 1974 might help shape national privacy legislation and whether we need a national privacy law to resolve cross-border data flows issues with the EU.
Cross-Border Data Flows: Will the Schrems II Ruling Help Advance National Privacy Legislation? (with Scott Giordano)
This week, Jerry and Jody are joined by Scott Giordano, Senior Counsel – Privacy & Compliance at Spirion, to discuss the Court of Justice of the European Union (CJEU) Schrems II decision, which invalidated the U.S. Privacy Shield Program and left companies uncertain about how to continue cross-border data flows. The Schrems II ruling acknowledged the continued validity of the standard contract clauses (SCC) but noted that "additional safeguards" may be needed to protect EU data from government surveillance (particularly U.S. government surveillance). Subsequently, the European Data Protection Board (EDPB) issued recommendations on supplemental measures that can be used to protect EU personal data in cross-border transfers. Scott discusses the history of Schrems II, the aspects of the decision that focus on U.S. intelligence surveillance, and the EDPB recommendations. We talk about the hurdles businesses face due to this decision and whether legislative provisions to provide data subjects an avenue for redress in the event of violations of privacy through surveillance might help drive national privacy legislation.
The Solarium Commission Report (with Cory Simpson)
This week, Jerry and Jody are joined by Cory Simpson, who served as a Senior Director and lead for the U.S. Cyberspace Solarium Commission, to explore the objectives of the Commission and its principle recommendations. The Commission was established by Congress and was independent, bipartisan, and bicameral, with two Senators and two Congressmen, as well as including senior representation from Cabinet departments and the Director of the FBI. The Commission's report contained a number of important recommendations regarding strengthening the U.S. cybersecurity posture as well as a proposal for national privacy legislation, along with a draft national breach notification bill. Cory explains the link the Commission saw between cybersecurity and the need for a comprehensive federal privacy statute. While he acknowledges the challenges that a legislative effort of this kind entails, he expressed his hope that national privacy legislation will be passed in the 117th Congress.
Customer ReviewsSee All
Fascinating and informative
Highlights key issues and hopefully stimulating a national conversation. Well done. Worth a listen!