Are you DataSmart?

Step one: don't delegate it to the intern in the IT department. Building a solid Privacy Team inside of your company can be challenging, particularly when no one understands why you are doing it. In this episode of "Are You DataSmart?", the Ward brothers outline proven approaches to building a Data Privacy Team and how to ensure that your entire organization stays aligned.

The ballot initiative was pulled, the law was passed. But will the California Consumer Privacy Act (CaCPA) move forward to be one of the most significant steps in data privacy law or will the law be watered down through the revision process. This is a big test to see how California handles data privacy and it is sure to impact what other States attempt. In this episode of “Are You DataSmart?” the Ward brothers dive into the proposed changes to CaCPA and what you can expect going forward.

The opportunities for Artificial Intelligence to transform humanity are enormous. We are seriously excited. However, there are issues with amassing the amount of data necessary for these machine learning based solutions. To become "intelligent" (whether artificially or not) requires immense data and knowledge, and the ability to recall that knowledge. Data Minimization, as a concept, has some very particular issues with the "recall" of data and knowledge and could present a serious impediment to AI development. How will AI evolve while still protecting the privacy and rights of citizens?

Well, it has been a little more than 90 days since the GDPR "went live". In this episode of "Are You DataSmart?" the Ward brothers break down the initial global response to GDPR, the rise and fall of DSARs, and two other issues that will be critical to watch as GDPR continues to re-shape the privacy landscape.

In this episode of the "Are You DataSmart?" podcast, the Ward brothers discuss the first court ruling on GDPR that went against ICANN, the non-profit domains platform that powers the internet. What is so fascinating about this first decision is that it specifically puts "data minimization" on display. It isn't a theory anymore!

The Supreme Court has issued this year's most important ruling on privacy in Carpenter v. United States. It is a major development in privacy law, laying the foundation for an interpretation of the Fourth Amendment that protects against generalized government surveillance by electronic means. Together with United States v. Jones, it brings Fourth Amendment jurisprudence into the digital age, and may well effect change in everything from mobile carrier terms of service to the fate of Privacy Shield.

Episode 16 of the "Are You DataSmart" Podcast covers the major operational issues caused by Article 17 of the GDPR, Right to erasure (‘right to be forgotten’). Deleting records causes amnesia-like symptoms for businesses and will afflict every business that receives a withdrawal of consent or a notice to erase data about an individual or data subject.

The race is on! California jumped to an early lead to get the California Consumer Privacy Act onto their fall ballot, but look out! Here comes Vermont, from out of nowhere, to try to be the first State with a GDPR-like law on the books.

The three pillars of GDPR are transparency, security, and consistency. Regulators have stated they see transparency as the central point, but the other two are equally important. When a natural person asks your company for a Data Subject Access Requests (DSAR), how will you react? The Ward brothers explain what companies need to expect within the three pillars and what is likely to be the biggest burdens as the GDPR rolls out this week.

One of the best analogies this week will be that May 25th in the big wedding day where GDPR gets "hitched" to businesses and their privacy platforms forevermore. Unfortunately, as in real-life, the long marriage may not be as festive as the wedding day. The Ward brothers outline how businesses need a stronger approach for ongoing marital happiness.