Happy Data Privacy Day, 2019!

Citizen-consumer personal, private data whizzes across the internet at lightening speed in 2019. Housed in countless servers across the globe, our data is, well, constantly at risk of falling into the wrong hands. Each year, we spotlight the importance of safeguarding personal data with Data Privacy Day.

Started in Europe in 2006, now 30 countries celebrate Data Privacy Day every year. So what happened over the last year to improve the safety of private data? Check out this summary of data privacy law highlights from 2018.

Data Protection is Everybody’s Job

Data protection is everybody’s job today. With the perfect storm of  a doubling of data every two years, juicy dark web profits for stolen personal info and crushing data breach business impacts, organizations simply have to build data protection values into the company’s culture.  Read this blog for practical tips on how to do this in your organization.

 

Groundbreaking Cybersecurity Regulation Kicks in Today for New York Financial Institutions

It’s the first of it’s kind, but  surely not the last. The groundbreaking New York Department of Financial Services cybersecurity regulation takes effect today, August 28, 2017.  All financial services organizations operating in New York must be in compliance, along with their law firms and accountants. This regulation is likely the forerunner of more state cybersecurity regulations, especially after the summer of WannaCry and Not Petya. Learn more about the regulation in  a blog I wrote, published by the information governance leader Iron Mountain.

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.