The Future of Cybersecurity Insurance and Litigation: An Interview with Kimberly Horn

Daniel Solove
Founder of TeachPrivacy

Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus have seen the rise of cybersecurity insurance to address this emergent and troublesome risk vector.

I am delighted to be interviewing Kimberly Horn, who is the Global Focus Group Leader for Cyber Claims at Beazley. Kim has significant experience in data privacy and cyber security matters, including guiding insureds through immediate and comprehensive responses to data breaches and network intrusions. She also has extensive experience managing class action litigation, regulatory investigations, and PCI negotiations arising out of privacy breaches.

 

Kimberly Horn

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Locating Personal Data and Tracking Privacy Rights: An Interview with Dimitri Sirota

Daniel Solove
Founder of TeachPrivacy

One of the biggest challenges for organizations is locating all the personal data they have. This task must be done, however, to comply with the General Data Protection Regulation (GDPR) and other privacy laws. Moreover, the GDPR and the new California Consumer Privacy Act provide that individuals have rights regarding their data. These rights often require that organizations must keep records of individual privacy preferences regarding their data.

I had the opportunity to interview Dimitri Sirota about these issues. Dimitri is the CEO and co-founder of one of the first enterprise privacy management platforms, BigID, and a privacy and identity expert.

Dimitri Sirota

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The Supreme Court on Smart Phones: An Interview of Bart Huffman about Law and Technology

Daniel Solove
Founder of TeachPrivacy

The U.S. Supreme Court has been notoriously slow to tackle new technology. In 2002, Blackberry launched its first smart phone. On June 29, 2007, Steve Jobs announced the launch of the original Apple iPhone. But it took the Supreme Court until 2014 to decide a case involving the Fourth Amendment and smart phones – Riley v. California, 134 S.Ct. 2473 (2014). This past summer, the Supreme Court issued another opinion involving smart phones – Carpenter vs. United States, 138 S.Ct. 2206 (2018).

I am thrilled to have had the opportunity to interview Bart Huffman, a partner in Reed Smith’s global IP, Tech & Data Group, about the Supreme Court’s recent foray into smart phones.

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The Ethics of Artificial Intelligence: An Interview of Kurt Long

Daniel Solove
Founder of TeachPrivacy

The Ethics of Artificial Intelligence: An Interview of Kurt Long

In recent years, there have been tremendous advances in artificial intelligence (AI). These rapid technological advances are raising a myriad of ethical issues, and much work remains to be done in thinking through all of these ethical issues.

I am delighted to be interviewing Kurt Long about the topic of AI. Long is the creator and CEO of  FairWarning, a cloud-based security provider that provides data protection and governance for electronic health records, Salesforce, Office 365, and many other cloud applications.  Long has extensive experience with AI and has thought a lot about its ethical ramifications.

Kurt Long

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Why Blockchain Is a Game-Changer for Privacy: An Interview with Steve Shillingford

Daniel Solove
Founder of TeachPrivacy

Blockchain is taking the world by storm. I am delighted to have the opportunity to interview Steve Shillingford, Founder and CEO of Anonyome Labs, a consumer privacy software company.

Steve was previously at Oracle and Novell, then was President of Solera Networks before founding Anonyome. Steve speaks and writes extensively on identity management, cybersecurity, privacy, and Big Data.

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FTC Hearings on Competition and Consumer Protection in the 21st Century

Daniel Solove
Founder of TeachPrivacy

I’ll be speaking at the FTC Hearings on Competition and Consumer Protection in the 21st Century on a panel about consumer data on Thursday, September 13, 2018 at 3:15 PM.

UPDATE: You can see video of my panel at that hearing here.  Here’s a transcript.

My panel information is here:

The Regulation of Consumer Data
Participants:

Maureen K. Ohlhausen
Federal Trade Commission

Howard Beales
George Washington University School of Business

Daniel Solove
George Washington University Law School

David Vladeck
Georgetown University Law Center

Moderator:  James Cooper
Federal Trade Commission, Bureau of Consumer Protection

More information about the day’s schedule is here.

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Cartoon: GDPR Consent

Daniel Solove
Founder of TeachPrivacy

Cartoon GDPR Consent - TeachPrivacy GDPR Training 02 medium

This cartoon is about consent under the GDPR.  Under the GDPR Article 6, consent is one of the six lawful bases to process personal data.  Article 7 provides further guidance about consent, including the data subject’s right to withdraw consent.  The meaning of what “consent” requires is most thoroughly stated in Recital 32:

Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.

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Strategic Privacy by Design: An Interview with Jason Cronk

Daniel Solove
Founder of TeachPrivacy

Privacy by Design

Privacy by design — or “Data Protection by Design” as it is referred to in the General Data Protection Regulation (GDPR) — is essential to meaningful privacy protection. Yet, it is often quite thin and incomplete. As I wrote a few years ago about privacy by design, “The ‘privacy’ the designers have in mind might be so focused on one particular dimension of privacy that it might overlook many other dimensions.”

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