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Data Privacy

Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.

What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.

Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.

These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.

Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.

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Data Privacy Insights

Ten Privacy and Data Security Mistakes Start-Ups Should Avoid (Part I)

January 20, 2016

Most technology start-up companies lack the experience and resources needed to manage the plethora of security, privacy, and compliance issues inherent in a growing technology business. Nevertheless, the legal and business implications of poorly managed privacy and data security practices are too important to ignore. A single error can undermine the trust of investors and customers, attract unwanted regulatory attention or litigation, and ultimately, derail a start-up’s success.

In this first instalment of a two part article Francoise Gilbert from Greenberg Traurig LLP talks about the first 5 common privacy and data security mistakes that start-ups must avoid. Read More

Data Privacy News

Safe Harbor is Dead! Meet the New Privacy Shield!

February 10, 2016

On Feb. 2, 2016, representatives of the European Commission and the United States agreed on a new framework for transatlantic data flow: the EU-US Privacy Shield, a new framework intended to replace the EU-US Safe Harbor that was invalidated as a result of a decision of the EU Court of Justice. Read More

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Data Privacy Insights

Ten Privacy and Data Security Mistakes Start-Ups Should Avoid (Part II)

February 19, 2016

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Data Privacy Insights

The Concept of “Accountability” as a Privacy and Data Protection Principle

February 19, 2016

In part one of an ongoing series of articles Teresa Troester-Falk examines exactly how we define the principle of Accountability in terms of privacy and data protection in today’s fast moving and fluid world where increased threats to data integrity are rapidly becoming one of the most pressing issues faced by global businesses. Read More

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Data Privacy Insights

Australian Privacy Regulation Hits Hyperdrive

March 21, 2016

The evolution of Australian legislation around the issue of privacy and data protection continues to gain momentum. Peter Leonard, a Partner at Gilbert + Tobin Lawyers in Sydney leads us through some of the developments that are affecting these important issues in Australia. Read More

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Data Privacy Insights

Apple vs The FBI – The Asian Perspective

March 21, 2016

The ongoing battle royal between Apple and the FBI, which is trying to force the Cupertino based company to disable the built-in protections of an iPhone formerly owned by a terrorist has long term implications for privacy across the globe. Whether Apple wins or loses privacy advocates are watching the events extremely carefully. Data Privacy Asia reached out to some experts across Asia for their opinion on the ongoing legal battle. Read More

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Data Privacy Insights

Can Employers Find the Employee Privacy Sweet Spot? (Part I)

April 19, 2016

It's not quite the world of George Orwell's 1984, but employers and employees are still searching for a meeting of minds when it comes to privacy. Can a balance be struck between business imperatives and employee privacy? In part one of a two-part article we examine just how technology is contributing to a steady erosion of employee privacy and how both employer and employee must each bear some of the burden when it comes to privacy issues. Read More

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Data Privacy Insights

Structured Privacy Management Accountability: Getting Started

May 21, 2016

In part I of an ongoing series of articles Teresa Troester-Falk examined how the evolution of the concept of Accountability as a privacy and data protection principle. In this article, part II she looks at accountability in practice, and how to achieve accountability through structured privacy management. Read More

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Data Privacy Insights

The Recent US v. Apple Case in Context (Part I)

May 21, 2016

In the first part of a three part series of articles, Pauline C. Reich, Professor and Director of the Asia-Pacific Cyberlaw, Cybercrime and Internet Security Research Institute at Waseda University School of Law in Tokyo, Japan gives some context to the recent US v. Apple case. Read More

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Data Privacy Insights

Can Employers Find the Employee Privacy Sweet Spot? (Part II)

May 21, 2016

In the first part we examined whether a balance can be struck between business imperatives and employee privacy. In this second and final part of the article we delve into just how privacy issues have been treated under the law and delve further into the rights and responsibilities of both employer and employee. Read More