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October 2020
IN THIS ISSUE
  • Future Thinking
  • FPF News Highlights
  • FPF in the Media
  • FPF Movers & Shakers
  • Additions to the Team
Future Thinking
Policymakers around the globe are seeking the proper balance between surveillance by intelligence authorities and data protection limits and civil liberties. Multinationals are impacted but even small businesses find their work intertwined with international data flows that may be constrained. The European Court of Justice has set a high standard to ensure oversight and redress. But we are confident that the US framework has strong protections that can be further buttressed to meet the standard. The two leading democracies in the world can and should be able to find common ground.  
 
However, a cohesive global legal framework for international data flows is needed. A teenage app developer can translate an app into a few languages with the click of a mouse, and then submit the app to service customers in app marketplaces around the globe. There can be no logic in suggesting this developer analyze the surveillance capabilities of every country in the world in order to do business without violating data protection law. Of particular promise is an effort to update the OECD’s Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. The OECD has long played an important role in promoting respect for privacy as a prerequisite for allowing the transfer of personal data. 
 
The OECD Privacy Guidelines can influence country and company-level approaches to data localization and lawful access to data. We’re pleased to be part of this conversation.  

-Jules Polonetsky, FPF CEO
FPF News Highlights

FPF Hosts Workshop, “Privacy & Pandemics: Responsible Uses of Technology and Health Data”

Dr. Lauren Gardner, creator of Johns Hopkins University’s COVID-19 Dashboard, and UC Berkeley data analytics researcher Dr. Katherine Yelick were keynote speakers at the October 27-28 workshop on the value and limits of data and technology in the context of a global crisis. The workshop – held in collaboration with the National Science Foundation, Duke Sanford School of Public Policy, SFI ADAPT Research Centre, Dublin City University, OneTrust, and the Intel Corporation– also featured wide-ranging conversations with participants from the fields of data and computer science, public health, law and policy. 
 
A workshop report will be prepared and used by the National Science Foundation to help set the direction for the Convergence Accelerator 2021 Workshops, speeding the transition of convergence research into practice to address grand challenges of national importance.

FPF, Highmark Health, and CMU Host "Wired for Health: 2020"

On Thursday, October 8th, Highmark Health, Carnegie Mellon University’s CyLab Security and Privacy Institute, and FPF hosted a virtual symposium that took an in-depth look at the role of biometrics and privacy in the COVID-19 era. 
 
During this virtual symposium, expert discussants and presenters examined the impact of biometrics and privacy in the ongoing fight against the novel coronavirus. Discussions about law and policy were enhanced by demonstrations of the latest facial recognition and sensing technology and privacy controls from researchers at CMU’s CyLab. 

FPF Comments on Draft Washington Privacy Act of 2021

FPF submitted comments regarding the draft Washington Privacy Act of 2021. The draft was released by Senator Carlyle, the Chair of the Washington State Senate Committee on Environment, Energy, and Technology (EET) on September 9, 2020. FPF’s comments identify a number of relevant points of debate between stakeholders, along with practical suggestions for how they might be addressed in the context of the WPA. These include practical recommendations for: exemptions, including for scientific research; enforcement by the Attorney General; and the limitations of the opt-in and opt-out regimes.

Rob van Eijk and Kelsey Finch Speak at "Privacy in High Density Crowd Contexts" Webinar

Many industry-driven standards development organizations have been working to improve the general privacy qualities of both network and web infrastructures. Generally speaking, these bodies focus on how industry standards can remedy design flaws in technologies to facilitate transparency, foreseeability, and the ability of consumers to both opt out and make decisions about the way they interact with technical infrastructures.
 
To that end, FPF and Dataskydd.net jointly organized the webinar “Privacy in High Density Crowd Contexts.”Participants explored the role of industry-driven privacy standards in the development and deployment of privacy-friendly technologies for crowd management, mobile connectivity, and smart city services.

A Look Back at the Role of Law and the Right To Privacy in LGBTQ+ History

LGBTQ+ rights are, and have always been, linked with privacy. Over the years, privacy-invasive laws, practices, and norms have been used to oppress LGBTQ+ individuals by criminalizing and stigmatizing individuals on the basis of their sexual behavior, sexuality, and gender expression.  
 
In honor of October as LGBTQ+ History Month, FPF and LGBT Tech explore three of the most significant privacy invasions impacting the LGBTQ+ community in modern U.S. history: anti-sodomy laws; the “Lavender Scare” beginning in the 1950s; and privacy invasions during the HIV/AIDS epidemic. These examples, along with many more, will be analyzed in FPF and LGBT Tech’s upcoming white paper on the sensitivity of data concerning a person’s gender identity, sexual orientation, and sex life. 

Chelsey Colbert Discusses Trends in Mobility and Location Data

We’re talking to FPF senior policy experts about their work on important privacy issues. Recently, we spoke to Chelsey Colbert about her perspective on mobility and location data. "I expect the next several years in mobility law and policy to be very interesting and challenging," Chelsey said, "I consider myself to be very lucky to work in such a dynamic area of technology law and policy and am hopeful for a future with more (human friendly) robots in it."

FPF Submits Feedback and Comments on UNICEF’s Draft Policy Guidance on AI for Children

FPF submitted feedback and comments to the United Nations Children’s Fund (UNICEF) on the Draft Policy Guidance on Artificial Intelligence (AI) for Children, which seeks “to promote children’s rights in government and private sector AI policies and practices, and to raise awareness of how AI systems can uphold or undermine children’s rights.” FPF encouraged UNICEF to adopt an approach that accounts for the diversity of childhood experiences across countries and contexts.

Earlier in October, FPF also submitted comments to the United Nations Office of the High Commissioner for Human Rights Special Rapporteur on the right to privacy to inform the Special Rapporteur’s upcoming report on the privacy rights of children. FPF will continue to provide expertise and insight on child and student privacy, AI, and ethics to agencies, governments, and corporations to promote the best interests of children. FPF’s comments suggest that the Special Rapporteur’s report include a discussion on the need for schools, districts, and their third-party vendors to be transparent about data and technology use, storage, analysis, and purpose with children, parents, and other relevant stakeholders. 

FPF in the Media
Verdict
Covid-19 data collection must avoid “future privacy risks”: Experts
The 74 Million
Teachers Turned to Social Media as a Remote Learning Tool During the Pandemic, but Privacy Experts Warn the Trend Could Open ‘Pandora’s Box’ of Problems
Education Dive
How schools are navigating privacy concerns in COVID-19 contact tracing

Business Insider
As Zoom classes take over during the pandemic, edtech companies provide a lifeline, but only for schools and parents willing to surrender their students' privacy
Tech Crunch
Google removes 3 Android apps for children, with 20M+ downloads between them, over data collection violations
EdTech
How to Protect Student Data When Using Online and Emerging Tech

FPF Community Movers & Shakers
FPF is pleased to welcome new Advisory Board members:
  • Douglas Bloom, Executive Director and Co-Head of Cybersecurity and Privacy, Morgan Stanley
  • Claire Borthwick, Senior Counsel, GoGuardian
  • Anupam Chander, Professor of Law, Georgetown University Law Center      
  • Andy Dale, General Counsel, Head of Strategic Partnerships, Alyce
  • Anastasia Lang, Senior Vice President, General Counsel, Magic Leap    
  • Kenneth Propp, Senior Fellow, Atlantic Council; Adjunct Professor of Law, Georgetown University Law Center
Congratulations to FPF Advisory Board Member Vivienne Artz for being awarded the Women Solicitor of the Year Award at the Law Society's Excellence Awards 2020.

Job Openings:
Additions to the Team
Karsen Bailey: Project Assistant, Youth and Education Privacy 
Marcus Dessalgne: Policy Fellow 
Caroline Hopland: Elise Berkower Memorial Fellow 
Bailey Sanchez: Policy Fellow, Youth and Education Privacy  
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