Data Governance: EU Moves While U.S. is Stalled (with Jody Westby and Jerry Buckley)
The EU has launched a series of data regulation initiatives designed to make Europe the "Data Continent" while the U.S. has yet to adopt national data governance rules and lacks an authoritative voice in the international data policy discussions. Jody and Jerry discuss their thoughts on where's the U.S. is going and what's next.
16 Joulu 202027min
Pros and Cons of National Privacy Legislation (with Jurgen Van Staden)
In this week's episode, we're joined by Jurgen Van Staden, Associate General Counsel for Privacy and Technology at Verizon Media, to discuss the complexities and trade-offs involved in the various types of data used by businesses and the pros and cons of national legislation.
9 Joulu 202035min
EU Offers Valuable Insights for U.S. National Privacy Debate (with Maarten Stassen)
The European Union’s General Data Protection Regulation (GDPR) has led the way in establishing cross-border data protection standards. As the U.S. explores the possibility of enacting a national law that establishes privacy and data protection standards, it is worthwhile to consider what GDPR has accomplished in terms of uniform compliance requirements. Joined by Crowell & Moring's Maarten Stassen, we look beneath the surface to see what is working and explore how individual EU country oversight and enforcement regimes may still present challenges for companies operating in Europe seeking to do business on a continent-wide or world-wide scale.
2 Joulu 202035min
EU Data Protection: Any Lessons for US? (with John Bowman)
This week, we examine the evolution of the European Union’s General Data Protection Regulation (GDPR). As we consider the issues surrounding potential adoption of national privacy legislation in the U.S., we will explore what knowledge might be derived from the evolution of data protection legislation in the EU – why it happened and how. Starting with the 1980 with Guidelines Governing the Protection of Privacy and Trans-Border Data Flows, the EU gradually moved to a Union-wide law, which proved necessary to avoid the confusion created by varying member nation privacy policies. Our guest, John Bowman, now a Senior Principal at Promontory, served as the U.K. government’s lead negotiator as GDPR was being drafted. In this episode, we explore with John the rationale that led to adoption of the GDPR as well as what has worked and what hasn't. Of particular relevance to the American experience is how the nation states that make up the EU arrived at a common framework, but also the role each member country plays when it comes to interpretation and enforcement of the GDPR.
18 Marras 202043min
NIST Privacy Framework Plays Role in National Privacy Discussion (with Naomi Lefkovitz and Dylan Gilbert)
In January 2020, the National Institute of Standards and Technology (NIST) released a voluntary Privacy Framework, a repository of resource materials and a roadmap to support continued collaboration between NIST and stakeholders from across government, academia, and industry on privacy risk management. The Privacy Framework raises important privacy principles and approaches that should be taken into consideration when discussing possible national privacy legislation. This episode features two NIST advisors who helped lead the development of the Privacy Framework: Naomi Lefkovitz, Senior Privacy Policy Advisor, and Dylan Gilbert, Privacy Policy Advisor.
11 Marras 202048min
San Francisco Fed Report Looks at National Privacy Policy (with Kaitlin Asrow)
The Federal Reserve Bank of San Francisco has published a report titled The Role of Individuals in the Data Ecosystem. The report is a comprehensive catalog of issues related to data rights and data protection for individuals. Notably, it concludes that "most of this regulation is limited to specific sectors or geographies and creates a complexity that is precarious for individuals and burdensome for businesses and government oversight. There is clear value in creating a foundation of data protection that extends across all entities and individuals in the U.S. and borrows from the possible lessons that current laws have taught us."In this episode, Jody Westby and Jerry Buckley interview the report’s author, Kaitlin Asrow. The report offers a potential national legal framework for data governance, but also suggests the need for a significant rethinking of the ways in which we approach the legal structure for individual data protection. The report and our discussion with Kaitlin are a must hear for anyone seriously interested in understanding the way forward in privacy and data protection policy.
4 Marras 202045min
Nicole Booth and Elizabeth Young LaBerge
Data is the lifeblood of the financial services industry and personal financial data is among the most sensitive data that exists. An informal Financial Services Data Protection Working Group of national financial services trade associations has come together to respond to proposed state and federal privacy legislative proposals. Nicole Booth (Executive Vice President of Public Affairs, Notarize) and Elizabeth Young-LaBerge (Senior Regulatory Counsel, NAFCU) are playing leadership roles in Working Group. This episode will explore the data protection issues the financial services industry is grappling with at the state level and the prospects for national privacy legislation.
28 Loka 202038min
Kate Flocken and Tyler Griffin
Kate Flocken and Ty Griffin provide an up-close look at the current state of play for legislation that would create a national privacy/data protection regime. Kate is a senior policy adviser at Allon Advocacy LLC where she works with fintech and financial services companies to help them navigate complex policy issues, and worked for Senator Rob Portman of Ohio (a founder and co-chair of the bipartisan Senate AI caucus). Ty Griffin co-founded Prism Money, a consumer-focused bill payment tool, in 2012 and is now a managing partner at Financial Venture Studio, which invests in fintech startups.Kate and Ty bring us a real time, close-up look at the legislative landscape from two points of view: Kate's close following of Senate and House legislative proposals and Ty's understanding of how these proposals will impact the fintech and other companies who are seeking to bring technology-based solutions to the marketplace. The legislative landscape on Capitol Hill is fluid and the results of the election will have a big impact on what way Congress decides to go. Further, there are multiple claimants to writing the rules with several congressional committees seeking a role. Even the core principles that will inform any national legislation are still up for debate. This episode provides a snapshot of where we are now and looks ahead at the issues that will need to be resolved if national privacy legislation is to become a reality.
21 Loka 202041min
