Future of Privacy Newsletter

Future Thinking

Our Privacy Papers for Policymakers event provided a venue not only for the winning authors to summarize their research for lawmakers and regulators, but also for Acting FTC Chairwoman Rebecca Kelly Slaughter to give her first major policy speech in that role. 

 I’d like to note a significant point that the Acting Chairwoman made about its use of an innovative disgorgement remedy in cases involving data and algorithmic decision-making. 

 The FTC routinely obtains disgorgement of ill-gotten monetary gains when consumers pay for a product that is marketed deceptively. The Acting Chairwoman cited a recent settlement with a photo app to illustrate how the FTC can apply this principle to privacy cases where companies collect and use consumers’ data in unlawful ways. The Commission required the company to delete facial recognition models or algorithms developed with users’ photos or videos. According to the Acting Chairwoman, “we should require violators to disgorge not only the ill-gotten data, but also the benefits – here, the algorithms – generated from that data.”

 With the growth of business models based on AI and machine learning, that’s one more reason to consider the ethics, equity, and privacy implications of algorithmic decision-making up front – and not as a costly afterthought.

- Jules Polonetsky, FPF CEO

FPF News Highlights

Acting FTC Chair Keynotes Privacy Papers for Policymakers Event

On February 10, FPF hosted the 11th Privacy Papers for Policymakers Event which featured a keynote address by Acting FTC Chair Rebecca Kelly Slaughter. In her remarks, she outlined three of her privacy-related priorities for the FTC: making enforcement more efficient and effective, protecting privacy during the pandemic, and addressing racial equity concerns in data use and abuse. In her address, which was her first major speech as Acting FTC Chair, Slaughter posed three guiding questions to center the discussion around enforcement:

• Are we doing everything we can to deter future violations, both by the particular company at issue and by others in the market?
• Are we doing everything we can to help wronged consumers?
• Are we using all the tools in the FTC’s toolbox to fully charge offenses and pursue misconduct? 

During the event, authors of the winning papers presented to congressional and administration staff and international policymakers on a variety of topics including international data flows, virtual reality, and EdTech. This research can be incredibly valuable for policymakers working on legislative or regulatory solutions to challenges involving data use or ethics. On our blog, we have posted a recap of the event, including the winning papers and the Acting FTC Chairwoman’s remarks.

Understanding the Interconnected Local and Global Data Flows

International data flows have been top of mind in the past year for digital rights advocates, companies and regulators, particularly international transfers following the Schrems II judgment of the Court of Justice of the EU from last July. As data protection authorities assess how to use technical safeguards and contractual measures to support data flows while ensuring the protection of rights and freedoms of individuals, it’s essential to understand the interconnectedness that exists today in a highly digitized environment and globalized relationships, so that guidance can be most effective.

 In a new infographic and accompanying blog post, we explore the complexity of international data flows in two distinct contexts that affect our daily lives of people regardless of where they live, especially during a pandemic that has moves most of our daily lives remote: (I) how they shop (retail) and (II) how they engage with education services (education technology or EdTech). We provide an infographic for each with notes to better understand the actors and the complexities of data flows between them, while having an understanding that the systems being used and the actors involved are very often established within different jurisdictions.

Emerging Patchwork or Laboratories of Democracy? Privacy Legislation in Virginia and Other States

In the absence of federal privacy legislation, U.S. states are weighing in. In Virginia, the “Consumer Data Protection Act” (“CDPA”) could be signed into law within weeks, and if passed, would take effect on Jan. 1, 2023. If the law passes, it would become the second comprehensive (non-sectoral) data protection law in the United States, making it a potential model for other states and federal legislation.

FPF's Stacey Gray, Pollyanna Sanderson, and Samuel Adams break down the scope of the CDPA and put it in context of other emerging state privacy bills including Washington State, Oklahoma, New York, Connecticut, Minnesota in this helpful guide.

Jules Hosts Privacy Professionals During LinkedIn Live Events

Jules was joined by Refinitiv CPO Vivienne Artz and FPF's Dr. Gabriela Zanfir-Fortuna and Stacey Gray during a recent LinkedIn Live. During the conversation, Vivienne reflected on her impressive career in privacy in which she was recently awarded Officer of the Order of the British Empire as part of the Queen’s New Year’s Honours List for her “tireless championing of women in financial services and her dedication as a role model of change for a more inclusive sector.” The group also discussed legislative trends in the U.S. and assessed where the GDPR is being embraced as a model and where international privacy legislation diverges from the GDPR in important ways.

 In another recent LinkedIn Live event, Jules hosted the Washington and Lee William D. Bain Family Professor of Law, Josh Fairfield. Jules and Josh talked about the future of the rule of law, as well as Josh's new book, "Runaway Technology," and upcoming event, “Envisioning Law’s Future.” 

Jules is regularly hosting LinkedIn Live sessions on Fridays at noon ET to discuss recent privacy news with global privacy leaders and FPF experts. Make sure to check FPF social media pages on Twitter and LinkedIn, as well as Jules' LinkedIn page for upcoming Live sessions. With his more than 400,000 LinkedIn followers, it's clear that the audience for expert commentary on data protection issues is extensive and growing. The next LinkedIn Live will take place on Monday, March 1, and will be focused on FPF's recent and upcoming international work.

 FPF Staff in Demand for Data Privacy Day

FPF staff was busy during this year's Data Privacy Day, which is held on January 28 to commemorate the anniversary of the global data protection treaty known as Convention 108. FPF partnered with Snapchat to create a privacy-themed Snap filter for Data Privacy Day to inform individuals and encourage businesses to respect privacy, safeguard data, and enable trust.

FPF staff was also well-represented at the CPDP2021 conference, which focused around the theme of “Enforcing Rights in a Changing World.” Across the two-day conference, FPF staff including Jules, Dr. Carrie Klein, Dr. Gabriela Zanfir-Fortuna, Jasmine Park, Amelia Vance, and Dr. Rob van Eijk contributed to seven panels, which can be viewed in full here. Rob and Jasmine have posted a recap of the conference, including a summary of Rob's panel on technical standards for data protection.

Schrems II: Article 49 GDPR Derogations May Not Be So Narrow And Restrictive After All?

Gabriela and Rob relayed their observations from a Data Privacy Day conference at the Council of Europe featuring CJEU Judge von Danwitz, who was the Judge-Rapporteur in the Schrems II case, in a blog post. The post takes a closer look at Judge-Rapporteur von Danwitz's comments on the possibility of relying on Article 49 GDPR derogations for certain types of data transfers, which he believes have not been sufficiently explored in practice.

Hunter Dorwart and Samuel Adams Chosen As IAPP Westin Fellows

The International Association of Privacy Professionals (IAPP) created the Westin Fellowship Program to further awareness and growth of the privacy profession. For the 2021/2022 class of fellows, IAPP selected FPF policy legal intern Samuel Adams and legal intern Hunter Dorwart.

“We look forward to welcoming Sam and Hunter to the IAPP,” said Omer Tene, IAPP VP and Chief Knowledge Officer and an FPF Senior Fellow. “Each joins us with a strong legal education in privacy. With new data protection laws stacking up around the world, their research and analysis in the coming year will help privacy professionals globally understand their operational impacts.”

FPF Staff Speaks at the "Embedding AI in Society" Symposium

How will AI impact safety, privacy, and employment? FPF staff were featured on multiple panels during the North Carolina State University-sponsored "Embedding AI in Society" symposium. Dr. Sara Jordan and Jeremy Greenberg discussed how we can provide transparency and respect user privacy in data analysis. Brenda Leong and Dr. Sara Jordan walked explained the challenges associated with ageism and representation in algorithmic decision making.

Chelsey Colbert Talks Connected Cars on Kim Komando's "Tech You Should Know" Podcast

How much data should a car collect on its driver? FPF's Chelsey Colbert sat down with Kim Komando for a two-part episode on her podcast, "Tech You Should Know" to discuss the impact that mobility data collection can have on individuals. Part one focuses on the ways in which law enforcement is using car data to track down criminals while part two explores the different types of data that cars collect.

FPF in the Media

Politico How vaccine ‘passports’ could go wrong

WSJ Pro Cybersecurity Big Data Is Booming in the U.S., but Other Countries Are Making the Rules

Smart Cities Dive Podcast: City Surveillance Watch: Setting Guardrails

Digiday Cheat sheet: What to expect in state and federal privacy regulation in 2021

GovTech Virginia Data Protection Proposal Will Land on Governor’s Desk

Broadband Breakfast Privacy and ‘Right to be Forgotten’ Laws Complicate Rules for Global Reporting

FPF Community Movers & Shakers

FPF is pleased to welcome new Advisory Board members: 

• Kim Gold, Chief Privacy Officer and Associate General Counsel, Genentech
• Shane McNamee, Chief Privacy Officer, Avast
• Bubba Nunnery, Senior Director, Privacy & Public Policy, ZoomInfo  
• Lydia Parnes, Co-Chair, Privacy and Cybersecurity Practice, Wilson Sonsini

We are also pleased to announce Goodwin as a new Supporter.

FPF Job Openings:

• Membership Manager
• Grants Manager
• Policy Fellow, Youth and Education Privacy

AARP - Adding Age to AI: Representation of Older Adults in Digital Products and Services - March 18, 2021

Working together, FPF and AARP have launched a project to evaluate the risk/benefit context for older adults in a digital world. This multi-panel event will be held on March 18, from 10:00 am to 1:00 pm EDT, and will be focused on the challenges and privacy tensions based on older adults’ experiences in a range of products and services, and to consider how those challenges are impacted by actual representation of this demographic in the training of these systems.

The event aims to evaluate and analyze the representation of older adults in the commercial datasets most commonly used for technology development. The event will include guidance from experts on how to design detailed research agendas that consider primary risks, perceived discrepancies and potential harms for technology developers when considering the needs of the older adult demographic section of the population.

Dark Patterns: Manipulative UX Design and the Role of Regulation - March 24, 2021

Join the Future of Privacy Forum in exploring manipulative UX designs and the role of regulation in addressing these patterns. Dark patterns are user interface design choices that benefit an online service by coercing, manipulating, or deceiving users into making unintended and potentially harmful decisions. As the regulation of dark patterns expands, from California’s CPRA to other state and federal privacy bills, we define dark patterns from their history to current taxonomy, examine the ways in which manipulative interfaces can limit consumer choice, explore the implications of dark patterns on privacy by design, and ask whether neutral design is ever possible. 

PEPR 2021 Conference on Privacy Engineering Practice and Respect - June 10-11, 2021

PEPR is focused on designing and building products and systems with privacy and respect for their users and the societies in which they operate. The goal of the conference is to improve privacy practices and respect, as well as to foster a deeply knowledgeable community of both privacy practitioners and researchers who collaborate towards that goal. PEPR 2021 is sponsored by FPF and Carnegie Mellon University Security and Privacy Institute, and is presented in cooperation with USENIX, IAPP, and Carnegie Mellon Privacy Engineering. Register here.

Additions to the Team

Joanna Grama: Joanna is a Senior Fellow with the Future of Privacy Forum’s Youth and Education team. Joanna will be assisting with various Youth and Education team projects, including the Train-the-Trainer program for higher education. Joanna has more than 20 years of experience with a strong focus in law, higher education, data privacy, and information security. A former member of the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee, Joanna is a frequent author and regular speaker on privacy and information security topics.

 Nancy Levesque: Nancy serves as Communications Director for the Future of Privacy Forum. She has worked for over 12 years in nonprofit marketing and communications, raising awareness of issues ranging from educational equity to cancer screening. Prior to the nonprofit sector, she worked with advertising agencies and in-house creative departments for Arnold Worldwide and Discovery Communications, respectively. 

The marketing and awareness campaigns she has been involved in have been featured in cities across the US, including in New York City’s Times Square. Nancy was also involved in a summer learning campaign that had her working alongside First Lady Michelle Obama’s press team and scriptwriting for Mrs. Obama. She holds a Bachelor of Arts in English from York College of Pennsylvania.