Posts Under: Policy

French Data Protection Authority (DPA - CNIL) Google Fine Shows That Regulatory-Industry Cooperation Crucial To Get Privacy Right

On January 21, 2019, the French National Data Protection Commission (CNIL) fined Google Euros 50 million for not complying with the General Data Protection Regulation (GDPR).   There will be a legal challenge, but this blog focuses on the policy considerations surrounding the decision.  There are at least three initial takeaways from the CNIL decision.  First, this enforcement action demonstrates that the GDPR should not be replicated word for word in a possible U.S. federal privacy law.  Some notion of consumer harm should enter the calculation when a fine is considered.  Second, DPAs should be more forthcoming with guidance on how to comply with the GDPR, especially when companies are making a good faith effort to comply with the law.  Third, there is a risk that the one-stop-shop is going to become effectively meaningless.  As U.S. policymakers consider a federal privacy law, this should be a key co ...

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Ethical Challenges of Artificial Intelligence

On November 13, I participated in the Federal Trade Commission’s workshop on Ethics and Common Principles in Algorithms, Artificial Intelligence, and Predictive Analytics along with James Foulds, an Assistant Professor at the University of Maryland, Baltimore County, Rumman Chowdhury, the Global Lead for Responsible AI at Accenture Applied Intelligence, Martin Wattenberg, a Senior Research Scientist at Google, Erika Brown Lee, Senior VP & Assistant General Counsel at MasterCard, and Naomi Lefkovitz, a Senior Privacy Policy Advisor at the National Institute of Standards and Technology.  The following commentary is based on my remarks and the discussion at the panel. In 2017, SIIA published its Ethical Principles for Artificial Intelligence and Data Analytics as a guide for companies as they develop and implement advanced data analytic systems.  There are many other such ethical principles including the famous Belmont principles of respect for persons, benefic ...

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Ready for A New Standard in Data Privacy Requirements: Four Steps to Ensure Your Solution is Compliant and How ETIN Can Help

“. . . as education companies we can't just come up with a great product, show it to teachers, and expect to be successful. Our products and services have to help decision makers with their state and federal compliance and intricately defined funding requirements if we are going to be successful. If we don’t know what these are, we can’t get our products accepted.”  — Mitch Weisburgh, Managing Partner, Academic Business Advisors

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FY19 Appropriations – Education Funding Increases

Federal funding of the U.S. Department of Education is set at $71.5 billion for FY19 with the President’s signature on H.R. 6157. The funding is an increase from FY18 levels by $581 million.  The conference report recommends the Department of Education to award no less than 20 new grants between $100,00 and $1,000,000 in an Open Textbook Pilot. A 12-institution consortium led by UC Davis was awarded $4.9 million for open STEM textbooks under the FY18 appropriations Open Textbook Pilot which limited the amount of grant funds to $5 million. The Student Support and Academic Enrichment Grants received a $70 million increase over FY18. The Department of Education also announced a state survey to examine the early implementation of these grants in all states. The survey will be conducted in Spring 2019. Other key funding streams are outlined below:

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SIIA Participates in Markets & Markets Panel Discussion on Blockchain

I had the honor participate in a September 27 panel discussion in NYC organized by Markets & Markets.  See this agenda for the Markets & Markets “AI & Blockchain Fintech Confex” event.   SIIA views blockchain as part of a continuum of technologies that are and will continue to change the world.  Technologies such as the internet of things (IOT), cloud computing, data-driven innovation, and artificial intelligence are all topics SIIA has provided thought leadership on.  This is why  in January this year, we released an Issue Brief on blockchain and hosted an event with the Congressional Blockchain Caucus.   Many of our Member companies are experimenting with blockchain-based products. Dun & Bradstreet, for instance, provides a unique blockchain identifying number that corresponds to the Data Universal Numbering System (DUNS) number that it offers for companies.   This allows companies that do not know each ot ...

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The Constitution Has a Role in Informational Privacy Legislation

The General Data Protection Regulation is designed to support the individual’s interest in informational privacy, which the EU recognizes as a fundamental right.  Under that law, the collection, use and transfer of personal information is prohibited unless done with consent of the individual.  It has a de minimis legitimating role for social or business purposes but generally, if the individual revokes consent, processing of information must stop and often the information itself must be deleted. The US works from a different paradigm.  We certainly value privacy as necessary and valuable to ensure both personal dignity and a free and functioning society.  But we focus privacy laws on the prevention and remediation of harm, not on consent.  United States privacy law grew out of the common-law privacy torts: defamation, intrusion on seclusion, disclosure of private facts, false light and the right of publicity.  Thus, for example, the tort of disclo ...

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