PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Cartoon: GDPR Right to Be Forgotten

Cartoon GDPR Right to Be Forgotten - TeachPrivacy GDPR Training

The GDPR Article 17 provides for a right to erasure — commonly known as the “right to be forgotten.”  Data subjects may request that an organization erase their personal data “without undue delay” under a number of circumstances.  These circumstances include when the data is no longer relevant to the purposes of collection, when consent […]

Cartoon: GDPR’s Scope

Cartoon GDPR Scope

I turned my short GDPR vignette about GDPR’s territorial scope into a cartoon.  The GDPR applies not just to all EU organizations that process personal data.  The GDPR also applies to non-EU established organizations that offer goods and services to EU citizens or that monitor behavior within the EU. The GDPR thus has quite a long […]

The International Privacy+Security Forum

International Privacy+Security Forum

The International Privacy+Security Forum (February 26-27, 2018 in Washington DC) is next week. The International Forum is a new annual sister event to the Privacy+Security Forum, an annual event held in October at George Washington University in Washington, DC.  The regular Privacy+Security Forum will be in its 4th year in 2018.  This past year, we […]

The U.S. Congress Is Not the Leader in Privacy or Data Security Law

Capitol Sinking 01

A common myth is that the U.S. Congress is a leader in creating privacy and data security law.  But this has not been true for quite some time.  Congress isn’t leading, and even the policies and practices of US companies are increasingly built around the law of the European Union (EU) or the states. In […]

Congress’s Attempt to Repeal the FCC Internet Privacy Rules: The Void Will Be Filled

FCC Privacy Rules Repealed

Recently, Congress voted to overturn new FCC rules that regulated the privacy of broadband Internet Service Providers (ISPs).  The rules implemented the Communications Act, 47 U.S.C. § 222 to ISPs, requiring opt in for sharing sensitive customer data, opt out for sharing non-sensitive customer data, as well as transparency requirements.  Sensitive data includes precise geo-location, children’s […]

Privacy Shield Training

Privacy Shield Training Course

I have produced a new Privacy Shield training course that provides a short introduction to the EU-US Privacy Shield Framework.  Privacy Shield is an arrangement reached between the EU and US for companies to transfer data about EU citizens to the US.  Privacy Shield replaces the Safe Harbor Arrangement, which was invalidated in 2015 in […]

A New US-EU Safe Harbor Agreement Has Been Reached

EU-US Privacy Shield Safe Harbor Training

Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU.  But a new day has dawned.

The Kafkaesque Sacrifice of Encryption Security in the Name of Security

Encryption Backdoors - Kafkaesque

By Daniel J. Solove Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka.  Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.” After the Paris attacks, national security proponents in the US and abroad have been […]

The Growing Problems with the Sectoral Approach to Privacy Law

Sectoral Omnibus Privacy Regulation

By Daniel J. Solove The US regulates privacy with a sectoral approach, with laws that are directed only to specific industries.  In contrast, the EU and many other countries have an omnibus approach — one overarching law that regulates privacy consistently across all industries.  The US is an outlier from the way most countries regulate […]

Sunken Safe Harbor: 5 Implications of Schrems and US-EU Data Transfer

By Daniel J. Solove In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid. [Press Release]  [Opinion] The Safe Harbor Arrangement The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can […]