It’s 2016 Data Protection Day!

2016 DP Day.jpg

Did you know January 28th is Data Protection Day? The Council of Europe started this annual celebration in 2006 to grow European’s awareness of their rights around how their personal data is collected and processed in the digital economy. For 20 years, Europe has led the world in developing comprehensive protection for individuals’ privacy rights, from the ground breaking 1995 data protection rules to the recent massive update to make them “fit for the digital age.” Europe has inspired other nations to build data protection safeguards, and Data Privacy Days too.

There is a passion for safeguarding citizen’s privacy in Europe, like nowhere else. It is a fundamental right, guaranteed in the European Union Charter.

Upholding fundamental rights to privacy is “not something Europe should be ashamed of.”
Koen Lenaerts, the Harvard trained European Court of Justice judge after invalidating Safe Harbor data transfers due to data protection concerns with US surveillance programs.

In 2008 the US and Canada extended Europe’s celebration by establishing a January 28th Data Privacy Day.

Oh Canada! The Office of the Privacy Commissioner of Canada offers new resources to mark the Day.

Pacific Northwest. The Better Business Bureau of Alaska, Oregon and Western Washington celebrates the Day with a warning to think twice before you take that Facebook quiz to find your spirit animal. All kidding aside, they offer some excellent data protection tips.

Mississippi. The Mississippi Department of Information Technology suggests citizens check out this data privacy day video that recommends treating your information like money – value it and protect it!

Stay Safe Online, powered by the National Cyber Security Alliance, has a wonderful infographic on how privacy is good for business.

United States. In the US, the Federal Trade Commission has responsibility for consumers’ data privacy and security. The FTC’s privacy work goals remain: “to protect consumers’ personal information and ensure that consumers have the confidence to take advantage of the many benefits offered in the marketplace.” The US participated in the celebrations with a live FTC Twitter chat to promote privacy awareness and respect, and posted Tweets with some good practical data protection tips.

I wonder when the US will have a Data Privacy Commission.

Microsoft joins in the party too. But perhaps more enlightening is a read of Brad Smith’s Blog in which he chronicles global data security issues including the minefield of data privacy issues his company faces. Though self-serving for their cloud business, Brad’s blog is like a treatise on the privacy issues of our day.

“Microsoft needs to go beyond standing up for the rights of businesses and governments; we need to be a voice for people.”
Brad Smith, President and Chief Legal Officer, Microsoft

Mexico used Data Protection Day to mark the Mexican Federal District Data Protection Authority’s endorsement of the signing of 13 principles on limiting surveillance.

Data Protection Day is not yet celebrated in all corners of the world. But with the vast amounts of digital information seeping across the internet, data protection continues to grow.

Brazil has a Draft Bill of Law on Personal Data Protection.

Hong Kong’s Office of the Privacy Commissioner for Personal Data Protection recently announced they plan to update their privacy laws to keep up with developments, citing the recent EU reforms. Hong Kong saw an upward trend in privacy complaints in 2015.

In South Korea, recent changes to the personal information protection legislation takes effect this month. The Korean Government  Personal Information Protection Commission develops policies and plans for data protections.

So let us celebrate all these global efforts supporting the protection of personal information. And, let us welcome the continued debates on privacy, digital commerce and national security that we face as a global community.

Happy 2016 Data Protection Day!

Ready for New EU Data Protection?

I recently did a Guest Blog for AccessData on the sweeping new changes to the European Union data protection regulations. An end to a patchwork of national laws, bigger fines, faster breach notice and the “right to be forgotten” are just a few of the many changes businesses selling in Europe will want to know about.  Be sure to check out the practical tips on how to get ready for 2018 when the new regulations go live.

Safe Harbor Chess Game Heats Up.

It is fascinating to watch this chess game unfold, with knights, bishops, kings and queens making their moves. The sudden October abolishment of the Safe Harbor framework for data flows – moving personal information like payroll data, user information and marketing data from the EU to the US — literally threw out the rules of the game.  For over fifteen years, US companies have been able to self-certify, under the Commerce Department Safe Harbor program, that their data protection protocols satisfy EU laws.

That all came to an end when the European Court of Justice invalidated Safe Harbor in a case still underway calling for a halt to Facebook’s transfer of EU user information from its Irish subsidiary to Facebook US. The high court essentially agreed with complainant Max Schrems, that the Snowden revelations demonstrate that European’s private data is not safe from the prying eyes of US intelligence agencies. The ruling ricocheted simmering EU-US privacy and security policy discussions to center stage.

EU Data Protection Gets Hot.
Europeans have some of the most advanced protections for personal data, currently being updated in a massive EU modernizing effort. Keeping personal data private is a fundamental right of every person, according to the EU Charter of Fundamental Rights. This right has emotional roots in the transgressions of European totalitarian regimes and their secret police activities.  Leaders in Germany and France were livid when they learned from the Snowden documents that US intelligence was likely tapping their personal cell phones.  Over the last few years, things have heated up in EU data protection authorities’ investigations of Facebook  and Google over privacy violations.  This is especially true in privacy-sensitive Germany, where the DPA announced immediate investigations of former Safe Harbor companies such as the internet behemoths.

An EU Move: New Safe Harbor Rests in US Hands.  
On the eve of continued Safe Harbor 2.0 negotiations in Washington DC this week, the European Commission shared its official views and guidance for US companies after the momentous high court ruling. They also made their negotiating position very clear: any new agreement must uphold the court’s ruling, “… notably as regards limitations and safeguards on access to personal data by U.S. public authorities.”

Late last week, Vĕra Jourová, the European Commissioner for Justice and Consumers and lead Safe Harbor negotiator, said she expects the U.S. to show clear conditions and limits on US intelligence access to European private data. The Commission also indicated that a solution is urgently needed, but expects negotiations to take three months – a target set earlier by the pan-EU data protection authorities group, known as the Article 29 Working Party.

Is this soon enough?  US Secretary of Commerce, Penny Pritzker tweeted on November 9th: “Safe Harbor and cross-border data flows are vital for American business. I heard a sense urgency on resolving this at #Techonomy15”. Tech company trade associations encourage policy makers to arrive at a bullet proof agreement sooner than 3 months. Many guess that more US surveillance reforms to narrow intelligence gathering, and passage of the redress rights bill giving European citizens access to US courts for privacy violations, are part of the equation to restore trust and move forward.  Things like this take time.  Meanwhile US companies spend time and money trying to figuring out how to stay inside the lines.

More Chess to Come.
No doubt we will see some master chess moves over the next few months.  Let’s hope so – keeping the digital economy vibrant while modernizing global privacy and security policy is no easy game to play.

Getting Real about Law Firm Dark Data

Getting Real About Dark Data at Law Firms

A principle of information governance is that organizations must know what information they have, what the content of that information is, and whether it is properly accessed, stored, secured and destroyed when appropriate. Yet, this is very difficult for law firms that have colossal amounts of legacy client data that may not be exactly accounted for in terms of location, content and categorization. This “dark” data poses cost savings opportunities, potentially valuable insights and risk management opportunities for firms with the will to attack these mystery stockpiles of information.

Lucky for law firms a recent Law Firm Information Governance Symposium task force authored an excellent roadmap for how to tackle this murky problem. The task force suggests dark data management best practices involve a three-pronged approach:

» Define Your Policy: Your information governance team can help in the development of policies that define repository concepts and address compliance concerns like records retention, legal holds, mandated production or destruction and eDiscovery.

» Create a Data Map: The creation of a data map will identify where and what document types are being stored. The process followed to create this document will reveal opportunities to reengineer existing workflows.

» Begin Data Cleanup: Utilize tools such as file analysis software (FAS) to aid in the analysis of data for tagging, making disposition decisions and ongoing information management activities.

What do you think of their approach?

Turn Legal Client “Needs Improvement” Grades into A’s with Information Governance

Organizing Information Governance in Law Firms

Corporate clients have essentially two major “needs improvement” areas for their law firms over the last few years. One, clients want more efficient delivery of legal services with transparent value. The discussions on alternative fees, refusals to pay for 1st-year associates that are still learning, and lack of basic efficiency drivers such as project management are well documented. The second main area of concern is information security – how good is their firm at protecting sensitive client data from cyber-threats and running afoul of privacy regulations with information breaches?

A new report by the Law Firm Information Symposium published yesterday by Iron Mountain, makes the case that firms can make progress in both these areas by building out an information governance (IG) organization. Read more here to learn how an umbrella IG organization and culture can drive business efficiencies and information security to turn client “needs improvement” grades into A’s.

Carolyn Casey, a member of the California bar, provides consulting and marketing services to legal organizations. She founded the Law Firm Information Governance Symposium while at Iron Mountain.