This past year was marked by ever more significant data breaches, growing cybersecurity regulatory requirements at the state and federal levels and continued challenges in harmonizing international privacy and cybersecurity regulations. We expect each of these trends to continue in 2018.
As we begin this New Year, here is list of the top 10 privacy and cybersecurity issues for 2018: (more…)
Big Data has been a hot topic of discussion in recent years. This was especially the case in Brussels, where the fiercely debated EU General Data Protection Regulation (GDPR) was adopted in 2016. A major concern for all of us is personal privacy. Less discussed is the use of Big Data for social good.
A traditional sectoral approach to harnessing the potential of Big Data for social good is insufficient. This is the case in terms of organisations from different sectors partnering to develop new technologies. It also means that legislation and policies on Big Data must be forward thinking and facilitate cross-sectoral co-operation. (more…)
In a statement of intent published on 7 August 2017, the UK Government has committed to updating and strengthening data protection laws through a new Data Protection Bill (the “Bill”). The Bill will incorporate the new EU General Data Protection Regulation (the “GDPR”) into UK law.
According to the UK’s Minister of State for Digital, Matt Hancock, the Bill will “give [the UK] one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit.” (more…)
On December 19, 2016 the Joint Committee of the European Supervisory Authorities (“ESAs”) launched a public consultation (the “Consultation”) on the potential benefits and risks of Big Data for consumers and financial firms to determine whether any regulatory or supervisory actions will be required. The ESAs are three EU-wide supervisory authorities, the European Banking Authority (“EBA”), European Securities and Markets Authority (“ESMA”) and the European Insurance and Occupational Pensions Authority (“EIOPA”).
Artificial intelligence has been hailed for the promise of breakthrough innovations but also the object of concern by such notable voices as Bill Gates, Stephen Hawkins, and Elon Musk. To explore the issues presented, the White House conducted a review of the opportunities, risks, and regulatory implications of artificial intelligence. Last week, the White House released a comprehensive report, Preparing for the Future of Artificial Intelligence, reflecting a culmination of its review, including public comment and several public workshops that were co-hosted by the White House Office of Science and Technology Policy with the National Economic Council, as well as non-profit and academic organizations.
On September 23 2016, the European Data Protection Supervisor (“EDPS“) published an Opinion on the coherent enforcement of fundamental rights in the age of big data (the “Opinion”). Building upon the preliminary opinion it published in 2014, the EDPS sought to emphasise the importance of the protection of personal data rights in light of the rise of data “monopolies.” With the expansion of the big data economy and the Digital Single Market Strategy, the EDPS suggested that the interface between competition and privacy should be a long-term concern for all data protection authorities.
This month, the White House announced a series of workshops and a working group to address the “benefits and risks” of artificial intelligence. The workshops, which are to be held in Seattle, Washington, Pittsburgh, and New York City, will take place between May 24 and July 7, and are expected to result in a public report issued by the end of the year. The workshops and report are expected to address familiar themes – “privacy, security, regulation, law, and research and development to be taken into account when effectively integrating this technology into both government and private-sector activities.” Participation by all stakeholders – academia, industry, the research community, civil society, and others – will be key to shaping a report that is likely provide an initial roadmap for regulatory and policy initiatives in the next administration.
Building upon its 2012 Consumer Protection Report, its 2014 report on Data Brokers, and a public workshop held on September 15, 2014, the FTC issued a new report on January 6, 2016, with recommendations to businesses on the growing use of big data: Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“2016 Big Data Report”). Rather than focusing on prior themes of notice, choice, and security, the 2016 Big Data Report addresses only the commercial use of big data consisting of consumer information, and focuses on impacts of such big data uses on low-income and underserved populations.
*This post originally appeared in Law360 on January 7, 2016.
While 2015 was a big year in data, 2016 may prove to be even bigger. Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. Below, we count down the top ten cybersecurity, data protection and privacy issues to watch in 2016.
*Based on Remarks at the Big Data East Big Data Innovation Conference, September 9, 2015
I believe in the enormous potential of big data. Erik Brynolfsson and Andrew McAfee, authors of The New Machine Age and leading scholars of the digital economy, have compared the power and granularity of computational science to the transformation in understanding of nature that occurred when Anton Van Leuwenhook first peered at samples through his newly-invented microscope. We are seeing new advances in medicine, in social science, new ways of teasing out causation from correlation.