Looking Around the Corner: The What, How, When (and If) of National Privacy and Data Protection

This week the ADCG Privacy & Cybersecurity Podcast is pleased to have Shoshana Rosenberg, CEO and Founder of SafePorter and one of the most respected names in the field of privacy and a thought leader at the intersection of privacy and Diversity, Equity & Inclusion ("DEI"). We discuss her groundbreaking work analyzing how principles governing privacy and DEI can influence the development and use of AI technologies, including how privacy and bias concerns shape the conversation around AI, how the evolving landscape of AI is challenging our traditional understanding of privacy and inclusion, and how advancements in AI both challenge and embrace our ability to uphold DEI principles…and more!

This week’s episode of ADCG’s Privacy & Cybersecurity Podcast features a discussion with Jeff Jockisch about his new company, Avantis Privacy, which specializes in data deletion services. Jeff is a renowned privacy researcher, the CEO of PrivacyPlan and CPO of Avantis Privacy. In this episode, we discuss the daunting prospect of managing one’s personal data, data brokers and what they do, and the process of requesting personal be deleted. Jeff discusses the approach taken by Avantis Privacy and offers thoughts on anonymization and what is driving this type of service.

This episode features Donata Stroink-Skillrud, Co-Founder and President of Termageddon, a software service that specializes in the identification of privacy laws applicable to an organization and the development of privacy policies, terms of service, and end user license agreements for that organization. Donata is an attorney who also represents the American Bar Association’s Section of Science and Technology Law on the ABA President’s Cybersecurity Legal Task Force (CLTF). In this episode, we discuss the CLTF, its purpose, topics and issue areas it addresses, and the cybersecurity resources the CLTF has created for attorneys and law firms (which are free and applicable to many other organizations). We also discuss recent Resolutions that CLTF has put forward for adoption by the ABA, including is AI Resolution. Links to CLTF resources are provided on the ADCG website for this episode.

This episode features Dr. Peter Trim, a Reader in Marketing and Security Management at the University of London’s Birkbeck Business School. Dr. Trim has published a dozen books, and his most recent (2023) focuses on Strategic Cyber Security Risk Management. Cybersecurity best practices began in the UK with British Standard 7799, which morphed into ISO 27001/002. Dr. Trim discusses the necessity for a collective approach in cybersecurity and the need to maintain an international perspective. His work endeavors to link cyber risk management theory with practical application through use cases and simulation exercises. We explore the need for improved private sector interaction with academia and the need to integrate cybersecurity risk management content in interdisciplinary curricula.

In this episode of ADCG on Privacy & Security podcast, host Jody Westby is joined by Sabrina Gross, regional director of strategic partners at Veridas. Sabrina has worked globally and spent 15 years working with law enforcement agencies in Europe, the Middle East, and Africa. At Veridas, Sabrina focuses on cutting-edge technologies that are used for authentication and to prevent identity fraud. We discuss the importance of having a choice of authentication options, limitations of various devices, the pros and cons of facial recognition, fingerprints, and voice as authentication methods, what companies should look for in a biometrics provider, security factors, customer preferences, and more. We drill down into the role of state privacy laws and the circumstances under which a business should consider multiple, layered verification methods.

This episode of the ADCG Privacy and Cybersecurity Podcast features Ken Westin, Field CISO for Panther Labs. Ken has been in the cybersecurity field for over 15 years, working with companies to improve their security posture through threat hunting, insider threat programs, and vulnerability research. We discuss how the lack of good application and data inventories impact incident response. When data is spread across data centers, clouds, and SaaS providers, it becomes difficult to track and trace an incident and understand its impact, but it becomes especially hard if the data involves confidential or proprietary business data that is not tracked by privacy officers or if it includes sensitive data that may involve regulators. The recent MOVEit breach, which involved software used to transfer sensitive data between servers, systems, and applications, provided rich lessons in the need for data asset inventories and SIEMs that can correlate data across providers and platforms.

This episode features Scott Giordano, former vice president and general counsel for Spirion who has more than 25 years of legal, technology, and risk management expertise and was one of the first attorneys to jump into artificial intelligence. We will discuss the implications of AI for privacy and information security, current US state laws, the EU AI Act, and what companies can do to prepare for “AI everywhere.” Scott also discusses the recent “Career Essentials in Generative AI” course he took, which is offered by Microsoft and LinkedIn.

In this episode, Jody Westby interviews Gerry Stegmaier, a partner in ReedSmith’s Tech & Data Group. Gerry focuses on digital issues, corporate governance, incident response, privacy, and cybersecurity matters, plus other areas. We discuss the new SEC Cybersecurity Risk Management Rule for public companies, how it differs from the proposed rule, key requirements and compliance deadlines, and the practical impact on cyber incident disclosures, identifying and disclosing material cyber risks, and how boards and C-suites will approach cyber governance.

This week’s podcast episode features Steve Britt, Counsel at Parker Poe and privacy expert to discuss the five state privacy laws that went into effect in 2023 and the TEN that have been enacted in 2023, how they vary, what they have in common, and this new “trend” to protect consumer health data (not HIPAA data). Steve also discusses the new requirement for Data Protection Assessments, expanded protections for children’s data, and regulatory risk factors and triggers. He ends with key takeaways and has provided a slide deck for listeners to download and follow along as they listen to the podcast (see adcg.org/podcast for supplemental materials on this episode).

This episode features Peter Halprin, a partner in the New York City office of Pasich LLP in New York, representing commercial policyholders in complex insurance coverage matters, including cyber. We discuss the price increases in coverage and the scrutiny given claims under property and casualty, cyber, and corporate general liability policies, the risks in the application process, new technology risks associated with biometrics and AI, cyberwar exclusions, and possible changes to policy language to help manage claim risks to carriers.