The General Data Protection Regulation (GDPR) will go into effect on May 25, 2018. The GDPR strengthens privacy protections in the EU and includes a number of additional rights and responsibilities.
For Data Privacy Day this year, I’m happy to make available for the day two new short privacy training programs I created in collaboration with Intel. Ordinarily, I require a login to view my training programs, but for this day, I have put them outside the wall for anyone to see. So click on the programs below to watch them — I’ll keep them up through the weekend. Then, they’ll go behind the wall, so you’ll need to request an evaluation login to see them afterwards.
NOTE: These programs are now no longer publicly available. To see them, please contact us.
The first program is a short 2-minute awareness video about Data Retention.
The second program is an 8.5 minute program called Defining Personal Information. It seeks to explain how to identify personal information, which is a tricky issue because what counts as personal information is not static and is contextual and contingent in some cases.
These programs were created for Intel with their collaboration. Intel graciously allowed me to add generic versions of these programs to my training course library. And in support of Data Privacy Day, Intel was encouraging of my making them publicly available.
I was fortunate to see James Graham’s incisive play “Privacy” this past Sunday at the Public Theater in New York City. The play is a witty and immensely engaging examination of all the data being collected about us and being assembled into digital dossiers. Technology is adeptly woven into the play. At many points during the production, audience members are asked to use their smart phones. The script is entertaining and intelligent. There is never a dull moment, and I was laughing throughout. Continue Reading
I’m pleased to announce a new training program: Spot the Risks: Privacy and Security. The program is a Where’s Waldo style risk-spotting game that takes about 5 minutes to complete. Trainees are asked to spot the risks in an office. Feedback is provided about each risk so trainees learn many of the most important best practices.
I created some new training programs last year, and here are some of the highlights:
The Ransomware Attack (~5 mins)
This short program (~5 minutes) consists of an interactive cartoon vignette about malware. The program is highly interactive, and trainees engage with a scenario involving ransomware. Although this program involves ransomware, the lessons it teaches apply broadly to all malware. The program focuses on how to avoid having malware installed on one’s computer and what to do (and not to do) if this ever happens.
The Life Cycle of Personal Data (~ 15 mins)
This privacy awareness training course (~ 15 minutes) is a highly-interactive overview of privacy responsibilities and protections regarding the collection, use, and sharing of personal data. The course has 8 quiz questions. The course tracks the life cycle of personal data, starting from when it is collected or created. The course concludes with a discussion of data retention and destruction.
Last week, the EU issued the General Data Protection Regulation (GDPR), a long-awaited comprehensive privacy regulation that will govern all 28 EU member countries. Clocking in at more than 200 pages, this is quite a document to digest. According to the European Commission press release: “The regulation will establish one single set of rules which will make it simpler and cheaper for companies to do business in the EU.”
The GDPR has been many years in the making, and it will have an enormous impact on the transfer of data between the US and EU, especially in light of the invalidation of the Safe Harbor Arrangement earlier this year. It will has substantial implications for any global company doing business in the EU. The GDPR is anticipated to go into effect in 2017.
Here are some of the implications I see emerging from the GDPR as well as some questions for the future:
Under Article 79, violations of certain provisions will carry a penalty of “up to 2% of total worldwide annual turnover of the preceding financial year.” Violations of other provisions will carry a penalty of “up to 4% of total worldwide annual turnover of the preceding financial year.” The 4% penalty applies to “basic principles for processing, including conditionals for consent,” as well as “data subjects’ rights” and “transfers of personal data to a recipient in a third country or an international organisation.”
These are huge penalties. Such penalties will definitely be a wake-up call for top management at companies to pay more attention to privacy and to provide more resources to the Chief Privacy Officer (CPO). Now we can finally imagine the CEO at a meeting, with her secretary rushing over to her and whispering in her ear that the CPO is calling. The CEO will stand up immediately and say: “Excuse me, but I must take this call. It’s my CPO calling!”
To date, EU enforcement of its privacy laws has been spotty and anemic, so much so that many characterize it as barely existent. Will the new GDPR change enforcement? With such huge fines, the payoff for enforcement will be enormous. We could see a new enforcement culture emerge, with more robust and consistent enforcement. If privacy isn’t much of a priority of upper management at some global companies, it will be soon.
By Daniel J. Solove
Once upon a time, there was a teacher who wanted to train people. At first, the teacher stated a list of things to do and not do. But this had little effect. The teacher was upset and started to doubt whether he could ever get through to people. But then the teacher tried a new approach – using stories. People remembered the stories, and the training started to change people’s behavior. And the teacher and everyone he taught lived happily ever after.
By Daniel J. Solove
It seems as though every week brings news of another batch of data breaches . . . and they’re getting bigger. Target. Home Depot. Sony. Anthem. The list goes on and on.
The costs of many of these breaches are devastatingly large. And yet most data breaches are readily preventable. After reviewing more than 1,000 data breaches from 2014, the Online Trust Alliance (OTA) found that more than 90% of them could have been avoided.
by Daniel J. Solove
It has long been difficult to quantify the ROI of data security awareness training.
But finally, I have been able to locate a number. According to a 2014 PricewaterhouseCoopers study: “The financial value of employee awareness is even more compelling. Organizations that do not have security awareness programs—in particular, training for new employees—report significantly higher average financial losses from cybersecurity incidents. Companies without security training for new hires reported average annual financial losses of $683,000, while those do have training said their average financial losses totaled $162,000.”