Data Privacy Day 2021: Selected data privacy reading and viewing, past and present

For this Day Privacy Day—January 28, 2021—I have put together an assortment of items, suggested resources and observations that might prove helpful. 

The first item is time-sensitive: a live streamed virtual privacy day event: Data Privacy in an Era of Global Change. The event begins at Noon, New York time, 5PM London time, and features a wide range of excellent speakers. This is the latest iteration of an annual event organized by the National Cyber Security Alliance that going back at least seven years, each one live streamed.

The 2014 event included me on a panel at Pew Research in D.C., along with Omer Tene of the International Association of Privacy Professionals (IAPP), plus John Gevertz, Global Chief Privacy Officer of ADP, and Erin Egan, CPO of Facebook (which arranged the live streaming). 

In 2015, I was on another Data Privacy Day panel, this one focused on medical data and health privacy. It featured Peter Swire who was heavily involved in the creation of the HIPAA. By request, I told the story of Frankie and Jamie, "A Tale of Medical Fraud" that involved identity theft with serious data privacy implications.

Also on the panel were: Anne Adams, Chief Compliance & Privacy Officer for Emory Healthcare; Pam Dixon Executive Director of the World Privacy Forum, and Hilary M. Wandall, CPO of Merck—the person to whom I was listening very carefully in this still from the recorded video on Vimeo (which is still online but I could not get it to play):

The second item is The Circle, both the 2013 novel by Dave Eggers—my fairly lengthy review of which appears here—and the 2017 movie starring Emily Watson and Tom Hanks, the trailer for which should be playable below.

While many critics didn't like the film (Metascore is only 43), the content was close enough to the book for me to enjoy it (bearing in mind that I'm someone who's "into" data privacy). Also, the film managed to convey some of the privacy nuances central to Eggers' prescient novel. Consider the affirmation often used by the social media company at the heart of the story: "Sharing is caring." This is used to guilt trip users into sharing more and more of their lives with more and more people, because some of those people derive emotional and psychological support from that sharing. 

Depending on where in the world you live, you may be able to catch The Circle on either Amazon Prime or Netflix (although the latter has—ironically, and possibly intentionally so—a reality TV series of the same name, the premise of which is about as depressing as it gets: ""Big Brother" meets "Catfish" on this reality series on which not everything is as it seems").

Note, if you are working in any sort of "need to raise awareness and/or spark discussions of privacy issues" role then films can be very helpful. Back around 2005 or so, Chey organized a week-long "Privacy Film Festival" at Microsoft's headquarters. Four movies were screened at lunchtime on consecutive weekdays and then a Friday panel session brought in some privacy and security heavyweights (including both Don Parker and Ari Schwartz as I recall—movies included Enemy of the State and Minority Report). The overall feedback on the whole endeavor was very positive.

Item number three: the privacy meter. This also relates to the "need to raise awareness and/or spark discussions of privacy issues." I started using it in 2002 when talking to companies about what at that time was, for many of them, an emerging issue/concern/requirement.

 

The idea was to provide a starting point for reflection and conversation. The goal was to help everyone from management to employees to see that there were many different attitudes to personal privacy within the organization. What I did not convey back then—at least not as much as I probably should have—was the extent to which privilege and economic status can influence these attitudes. See the next item for more on that.

Item number Four is a privacy reading list, shamelessly headed by my 2016 white paper on data privacy law. While the paper does not cover developments in data privacy law in the last few years, several people have told me that the historical background it provides is very helpful, particularly when it comes to understanding why Data Privacy Day in America is Data Protection Day in many other countries. And, it does contain about 80 references, including links to all major US privacy legislation up into 2016.

Moving from privacy laws to privacy realities, like the intersection of privacy, poverty, and privilege, here are a number of thought-provoking articles you might want to read: 

• Check your privacy privilege, by Heather Burns, 2020
• Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor, Virginia Eubanks, 2018 ("systematically investigates the impacts of data mining, policy algorithms, and predictive risk models on poor and working-class people in America").
• Privacy for Whom? Sam Adler Bell, the New Inquiry, 2018
• Why Some Women Don't Actually Have Privacy Rights, Tanvi Misra, Bloomberg, 2017
• The Poverty of Privacy Rights, Khiara M. Bridges, 2016 
• A Poor Mother's Right to Privacy: A Review, Danielle K. Citron, 2018

Finally, getting back to a point raised earlier in this post, one that comes up every Data Privacy Day, here is my 2018 article "Data Privacy vs. Data Protection: Reflecting on Privacy Day and GDPR."

P.S. If you're on Twitter you might enjoy what I've been tweeting about #DataPrivacyDay. 

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