PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Cartoon on GDPR Vendor Management

Daniel Solove @danielsolove
Founder of TeachPrivacy
January 18, 2018

 

Cartoon GDPR Vendor Management TeachPrivacy GDPR Training

This cartoon depicts the challenges of complying with GDPR’s requirements for vendor management.   Under the GDPR, there are serious responsibilities when using a vendor to process personal data.  Broadly, there are three things that data controllers must do:

1. Data controllers must perform due diligence in selecting vendors and that are complaint with GDPR.

2. Data controllers must have a contract with their vendors that includes certain provisions to ensure that GDPR is being followed.

3. Data controllers must monitor vendors for compliance.

Vendors must also comply with the GDPR.

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GDPR Training, Writings, and Resources: Roundup from the Past Year

Daniel Solove @danielsolove
Founder of TeachPrivacy
January 11, 2018

General Data Protection Regulation - GDPR - Training Resources by Prof. Daniel Solove

The General Data Protection Regulation (GDPR) is one of the world’s strictest data privacy laws and requires privacy professionals around the globe to design and implement comprehensive compliance programs.  In the past year, I developed a series of resources and training courses to assist privacy professionals with this complex task.

 

GDPR Whiteboard

GDPR Whiteboard - TeachPrivacy Privacy Awareness Training 02 small

200+ pages of the GDPR summarized into 1 page! Download it for free here. This one page visual summary of  GDPR will help you and your workforce understand many of the key elements associated with this law including Territorial Scope, Lawful Processing, Rights of Data Subjects, Enforcement and more.

GDPR Interactive Whiteboard

GDPR Whiteboard Interactive - TeachPrivacy GDPR Training

I created a new highly-interactive version of the GDPR Whiteboard (~5 mins) — a computer-based module that can readily be used on internal websites to raise awareness and teach basic information about GDPR. It can also be used in a learning management system (LMS)

The GDPR Interactive Whiteboard adds a new level of engagement to the analog GDPR Whiteboard. and can be used in tandem with the analog version or in lieu of it.

A Guide to GDPR Training

Cover Image for A Guide to GDPR Training by Daniel J Solove

A Guide to GDPR Training will answer many of your questions about implementing workforce privacy awareness training.

The GDPR mandates that all staff “involved in the processing operations” receive privacy awareness training. In general, the Data Protection Officer (DPO)  is tasked with ensuring that all training requirements have been fulfilled. A comprehensive GDPR training program should include:

  • basic privacy awareness training for your general workforce
  • advanced training for personnel who need more detailed knowledge of GDPR
  • role-based training specific to an individual’s job function.

I have several training courses to help organizations meet the GDPR requirements, such as the ones below plus courses on Privacy by Design, vendor management, risk and trust, and other important privacy topics.

GDPR (Short Introductory Course ~ 7 Mins)

GDPR Training

This course provides an overview of the GDPR. It also explains the importance of GDPR compliance and the severe penalties that may be imposed for non-compliance. It is suitable for both lawyers and non-lawyers . This course can also be offered in conjunction with other courses in our series  –  Privacy Shield and European Union Privacy Law.

COURSE OUTLINE:

  • Structure
    Scope
    Personal Data
    Sensitive Data
    Data Controllers and Data Processors
    Supervisory Authority
    Enforcement
    Rights and Responsibilities
    International Data Transfer
  • Rights and Responsibilities
    Transparency
    Purpose Specification and Minimization
    Consent
    Right to Erasure
    Right to Data Portability
    Data Protection by Design
    Data Protection Impact Assessments
    Record of Data Processing Activities
    Data Breach Notification
  • International Data Transfer

Global Privacy and Data Protection
(Privacy Awareness Course ~20 Mins or ~30 Mins)

 

 This course (~20 minutes or 30 minutes) is designed to provide basic privacy awareness to the workforce of global organizations.  I updated this program for GDPR.  The course focuses on three main issues:

  • Why is privacy important?
  • What is personal data?
  • How do we protect privacy?

COURSE OUTLINE:

  • The Purpose of this Training
    Personal Data
    People Care About Privacy
    Your Role
  • Why We Protect Personal Data
    Respect
    Preventing Harm
    Trust
    Reputation
    Legal Compliance
    Contractual Compliance
  • What is Personal Data?
    Identifying Personal Data or PII
    Sensitive Data
  • Data Collection
    Lawful Basis
    Data Collection Limitation
  • Data Handling and Processing
    Limited Access
    Confidentiality
    Security Safeguards
  • Use of Personal Data
    Purpose Specification
  • Individual Knowledge and Participation
    Notice
    Access and Correction
    Consent
    Right to Erasure
    Right to Data Portability
  • Transfer and Sharing of Data
    International Transfers of Data
    Sharing Data with Third Parties
  • Accountability
    Privacy by Design
    Ask the Privacy Office

GDPR’s Broad Scope: A Short Vignette

GDPR Humorous Vignette

Please check out our humorous 1-minute video vignette about the GDPR.

CARTOONS

Preparing for GDPR

 

Taking Privacy Seriously

cartoon-gdpr-training-privacy-shield-training-01

10 Reasons Why the Fourth Amendment Third Party Doctrine Should Be Overruled in Carpenter v. US

Daniel Solove @danielsolove
Founder of TeachPrivacy
November 28, 2017

10 Reasons to Overrule the Fourth Amendment Third Party Doctrine

The U.S. Supreme Court will be hearing arguments this week in Carpenter v. United States, which is one of the most important Fourth Amendment cases before the Court.  The case involves whether the Third Party Doctrine will remain viable.  If so, the Fourth Amendment will fade into obsolescence in today’s digital age.

In this post, I provide 10 reasons why the Third Party Doctrine should be overruled.  Before doing so, here’s some background.

Carpenter [6th Circuit case on cert to the Supreme Court] involved the investigation of a string of robberies of Radio Shack.  The FBI obtained cell phone records of the defendants pursuant to the Stored Communications Act (SCA), which requires “specific and articulable facts” to demonstrate that there are “reasonable grounds to believe” that the records are “relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d).  This standard is far short of what the Fourth Amendment would require, which is a search warrant based upon probable cause.

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Silencing #MeToo: How NDAs and Litigation Stifle Victims, Innovators, and Critics — An Interview with Orly Lobel

Daniel Solove @danielsolove
Founder of TeachPrivacy
November 22, 2017

 

Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They stop victims from talking. They also silence other employees who witness sexual harassment of co-workers. NDAs were a powerful device used by Harvey Weinstein to hush up what he was doing.

In her new book, You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side, Professor Orly Lobel tells a fascinating story about the Barbie versus Bratz litigation, which went on for about a decade. Her book is a page turner — told as a story that could readily be a movie. The book succeeds brilliantly as a gripping tale. But it goes beyond great storytelling to explore many important issues related to business, employment, and intellectual property: the enormous power of corporate employers, the weaponized use of intellectual property to stifle innovation, the dismal failure of business ethics, the troubling use of nondisclosure agreements (NDAs) to maintain dominance and power, and the punishing litigation process.Continue Reading

Beyond GDPR: The Challenge of Global Privacy Compliance — An Interview with Lothar Determann

Daniel Solove @danielsolove
Founder of TeachPrivacy
November 13, 2017

For multinational organizations in an increasingly global economy, privacy law compliance can be bewildering these days. There is a tangle of international privacy laws of all shapes and sizes, with strict new laws popping up at a staggering speed. Federal US law continues to fade in its influence, with laws and regulators from abroad taking the lead role in guiding the practices of multinational organizations. These days, it is the new General Data Protection Regulation (GDPR) from the EU that has been the focus of privacy professionals’ days and nights . . . and even dreams.

As formidable as the GDPR is, only aiming to comply with the GDPR will be insufficient for a worldwide privacy compliance strategy. True, the GDPR is one of the strictest privacy laws in the world, but countries around the world have other very strict laws. The bottom line is that international privacy compliance is incredibly hard.privacy, privacy training, GDPR

This is what Lothar Determann focuses on. For nearly 20 years, Determann has combined scholarship and legal practice. In addition to being a partner at Baker & McKenzie, Lothar has taught data privacy law at many schools including Freie Universität Berlin, UC Berkeley School of Law, Hastings College of the Law, Stanford Law School, and University of San Francisco School of Law. He has written more than 100 articles and 5 books, including a treatise about California Privacy Law.

Hot off the press is the new third edition of Lothar Determann’s terrific guide, Determann’s Field Guide to Data Privacy Law: International Corporate Compliance.  Determann has produced an incredibly useful synthesis of privacy law from around the globe. Covering so many divergent international privacy laws could take thousands of pages, but Determann’s guide is remarkably concise and practical. With great command of the laws and decades of seasoned experience, Determann finds the common ground and the wisest approaches to compliance. This is definitely an essential reference for anyone who must navigate privacy challenges in the global economy.

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Game of Risks: An Interview with Adam Levin on the HBO Breach, Cybersecurity Insurance, and Cyber Risks

Daniel Solove @danielsolove
Founder of TeachPrivacy
August 22, 2017

 

Recently, HBO suffered a massive data breach. The hackers stole unreleased episodes of Game of Thrones and have been leaking them before they are broadcast. Episodes of other shows were also stolen. The hackers grabbed 1.5 terabytes of data including sensitive internal documents.

 

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Why Is HIPAA Data Breach Enforcement Increasing? An Insurer’s View from Katherine Keefe

Daniel Solove @danielsolove
Founder of TeachPrivacy
September 19, 2017

 

 

Recently, HIPAA enforcement over data breaches is increasing – a lot. This year has seen some of the largest monetary penalties. Why is this happening?

I had the chance to interview Katherine Keefe, who leads the Beazley Breach Response (BBR) Services Group.  I am particularly interested in the insurer’s perspective, so I interviewed Katherine.

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Cybersecurity vs. Humans: The Human Problem Requires a Human Answer

Daniel Solove @danielsolove
Founder of TeachPrivacy
August 17, 2017

Data Security Human Error - Security Awareness Training

According to a recent Ponemon Institute study, the odds of an organization having a data breach are 1 in 4.  The study also found that the average cost of a data breach is $3.62 million in 2017.  That’s a drop of 10%, but the size of data breaches has increased.

The Human Problem

The vast majority of information security incidents and data breaches occur because of human mistakes.   Information security is only in small part a technology problem; it is largely a human problem.  The biggest risks to security are human errors — people putting data where it doesn’t belong, people not following policies, people losing portable electronic devices with data on them, people falling for phishing and social engineering schemes.

Having a robust technical cybersecurity infrastructure is very important, but it alone isn’t enough.  A recent Harvard Business Review article by Dante Disparte and Chris Furlow reinforces this point quite well.  “Firms can be lulled into a dangerous state of complacency by their defensive technologies, firewalls, and assurances of perfect cyber hygiene. The danger is in thinking that these risks can be perfectly ‘managed’ through some sort of comprehensive defense system. It’s better to assume your defenses will be breached and to train your people in what to do when that happens.”

The Human Answer

In addition to technology, effectively preventing and dealing with data breaches involves humans.  The problem is the humans, but so is the answer.

According to the Ponemon study, there were significant data breach cost reductions for having an incident response team, extensively using encryption, and engaging in workforce training.

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