?? Privacy noir
Lucid Privacy Group
Trusted Global Privacy Specialists for Data-Driven Companies
Lucid folks,
The U.S. continues to tilt towards a European approach to data protection despite, or perhaps in spite of, a dysfunctional Congress.? This latest pull towards true GDPR North uses data minimization and the legitimate interest test as regulatory lodestones. Case in point, the FTC’s proposed settlement with Marriott and Starwood over its security lapses lean into data retention justification and collection self-restraint.?
If this provision sounds eerily familiar, it should. It echoes the first principles of proportionality and limitation also encoded into the CCPA (as amended by the CPRA), the Colorado PA Regulations and an ever-growing patchwork of analogous comprehensive state privacy laws.?
Moving on, in this XL issue:
…and more.
From our bullpen to your screens,
With Alex Krylov (Editor/Lead Writer), Ross Webster (Writer, EU & UK), Raashee Gupta Erry (Writer, US & World), McKenzie Thomsen, CIPP/US (Writer, Law & Policy)
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Blog: What FTC Sticks Are Telling Adtech
As Lucid’s principal, Colin O’Malley writes, Adtech companies, with their scaled data collection across 3rd party sites, often feel the hot gaze of privacy regulators around the world, and in the US, they now have twin authorities pushing the policy envelope, with perhaps more on the way.?
Tracking regulatory activity in the Adtech space can sometimes feel disjointed, with a myopic focus on the particulars of each emerging case.? In this piece, we’ll focus on recent enforcement activities in the US and attempt to? extract the main areas of focus across these cases to evaluate higher level policy priorities.?
The privacy cops can be cheap with the carrots, but they have plenty of sticks, and as many openings drive their points home...??
Takeaways From UK ICO's Data Protection Professional Conference
Lucid’s David Reeves had the pleasure of attending the recent UK ICO DPP Conference that took place on the 8th October. Amid the usual excellent speakers and useful workshops was the opportunity to join a Q&A with the Information Commissioner, John Edwards.?
Priorities, in brief: Although understandably short on definitives and predictions, the Q&A nevertheless provided a number of notable signposts.?
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UK GDPR reform: Efforts to amend the law post-Brexit are not dead, and the ICO expects “something” from the Government quite soon.
Zooming out: John Edwards' regulatory approach for 2025 reflects a measured balance between fostering innovation and upholding existing laws and guidance. The Commissioner appears focused on? providing the tools and support data protection practitioners need to tackle increasingly interwoven tech challenges.
Bonus highlight: The session on cyber crime was particularly interesting. Representatives from IASME, National Crime Agency, and the NCRCG gave opinions and tips on dealing with ransom attacks and other online crimes on the rise. The TL;DR? Never, ever pay. The panel was unanimous and robust in its evidence that once blackmailed is twice blackmailed.
-DR, AK
Podcast: Signal’s Stand Against the Big [AI] Tech Data Machine
Signal Foundation President Meredith Whittaker recently sat down with Kara Swisher to discuss privacy, power, and the future of tech. After leaving Google over its ethical compromises, Whittaker now leads Signal, one of the most secure messaging platforms on the market. As she tells Swisher, her mission is simple: build tech that protects people, not profits, refusing to collect even metadata.
Why it matters: As AI giants tighten their grip on our data, the conversation around privacy is no longer academic—it’s existential.?
Between the lines: Whittaker’s journey from Google to Signal speaks volumes about the state of tech today. Google, once a place of open debate and lofty ideals, has transformed into a company driven by defense contracts, tracktech, and the relentless pursuit of profit. She left Big G in 2017 after helping to organize walkouts over ethical concerns and sexual misconduct, frustrated by the company’s shift toward a “don’t mention the evil” approach.
Inflection point? Whittaker’s comments point to an inflection point that will likely be precipitated by antitrust action.? As privacy and safety worries mount and the power of big tech comes under fire, there’s a growing appetite for the Bigs to be broken up, starting with Google. At least, to oxygenate the startup market through fairer competition for talent and investment dollars.
Zooming out: The big question is whether regulators will have the courage to act, and whether the public will demand a new era of tech, one where privacy and ethics are baked into the business model, not tacked on as an afterthought. Whittaker’s vision for the future, with smaller, more ethical and data-minimalist tech ecosystems, could become a reality—but only if we recognize that the current model is unsustainable and harmful. She asks, “How do we build technology that is actually beneficial, actually rights preserving?” The answer may, at least in part, be creating a playing field where certain tech could remain sustainably non-profit while attracting top talent.
-AK
Other Happenings
-RGE, AK
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