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Recent Privacy Developments

Recent Privacy Developments. ISACA January 12, 2012 Keith A. Cheresko and Robert L. Rothman Principals, Privacy Associates International LLC. Purpose. Purpose. Purpose. Purpose. Purpose. Purpose. Purpose. Areas or Topics of Privacy Activity. Breach Cloud Geo-location

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Recent Privacy Developments

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  1. Recent Privacy Developments ISACA January 12, 2012 Keith A. Cheresko and Robert L. Rothman Principals, Privacy Associates International LLC

  2. Purpose

  3. Purpose

  4. Purpose

  5. Purpose

  6. Purpose

  7. Purpose

  8. Purpose

  9. Areas or Topics of Privacy Activity • Breach • Cloud • Geo-location • Facial Recognition • BYOD • Marketing • Social Media • OBA • Consumer Financial Protection Bureau • Federal Trade Commission • COPPA • Health Care • International • EU Cookie Rules • EU Data Protection Directive • APEC • USA PATRIOT ACT • Supplier Relationships

  10. Focus on Several Items • Social Media • Breach • Marketing • Supplier Relationships • Privacy Developments from the EU • TEST!

  11. US Developments

  12. Breach PII

  13. States Continue Tightening Requirements

  14. Class Actions Proliferating

  15. Breach Notification No general national beach notification law - BUT

  16. Breach Notification • Internal processes • Training • Policies and practices • Supplier action implications

  17. Social Media

  18. Endorsements

  19. HR Implications

  20. Social Media Labor Relations

  21. Social Media NLRB Actions

  22. Social Media • Policies and practices • Internal processes • Training • Enforcement

  23. BYOD

  24. Marketing

  25. OBA – Online Behavioral Advertising

  26. Geo-Location

  27. COPPA

  28. Texting

  29. Marketing • Policies and practices • Internal processes • Training • Enforcement

  30. Facial Recognition

  31. Supplier Relationships

  32. Supplier Relationships Cloud Computing

  33. Supplier Relationships Contracts!

  34. Supplier Relationships • Contract • Allocation of liability • Responsibility for actions of others

  35. European Data Protection Directive

  36. The European Data Protection Laws Have Been a Compliance Headache for Companies Around the World

  37. Proposed New Data Protection Regulation

  38. The Good News DIRECTIVE REGULATION

  39. The Bad News Nearly Everything Else

  40. Significantly Increased Fines and Penalties

  41. Consent Narrowed

  42. Data Breach Notification

  43. Right to Be Forgotten

  44. Data Minimization

  45. Accountability

  46. Mandatory Data Privacy Officer

  47. Companies Outside Europe Potentially Subject to the Regulation

  48. Status of Regulation

  49. My Head Hurts

  50. BULL NO-BULL TEST

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