Posted in Right To Be Forgotten

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Revenge Porn, Copyrights and Data Ownership: Where Does Our Data Begin and End?

By Jedidiah Bracy, CIPP/US, CIPP/E

There was an interesting article in The Atlantic Monthly this week about revenge porn and copyright law—and I’m hoping some of you out there can help me.

But first, let me step back.

More from Jedidiah Bracy

Point-Counterpoint

“I Never Said That”—A Response to Cavoukian et al.

In a recent blog post, Ontario Information and Privacy Commissioner Ann Cavoukian et al. offer a response to my keynote address at the IAPP Europe Data Protection Congress in December 2013 and also announce an upcoming whitepaper.

They do so, acknowledging that neither of them had actually listened to what I said at my keynote. Hence, their blog post is based on certain assumptions of what I said. Regrettably, those assumptions are not borne out in fact.

I very much appreciate a robust debate about the future of how we best protect information privacy. It is far too important a value to not do so. But without knowing exactly what I said, the whitepaper may respond to a straw man’s argument and thus offer much reduced value. In the spirit of giving Cavoukian et al.—and the general audience—the opportunity to appreciate what I actually said, here are the facts.

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When Embarrassing Photos Metastasize Online and How One Person Took Control of It

By Jedidiah Bracy, CIPP/US, CIPP/E

What are you going to be for Halloween? If you do plan on dressing up, what are the chances photos of you in your glorious costume will be taken and posted online? Well, we’ll come back to this…

A few months back, I wrote about the nightmare of having an ex-spouse post embarrassing and vengeful photos of Lee David Clayworth online. The generativity of the Internet allows information to flow and metastasize so quickly, such disturbing posts can be almost impossible to take down or control.

More from Jedidiah Bracy

Opinion

Is Advising Clients To Clean Up Social Media After Filing a Lawsuit Questionable?

By K Royal, CIPP/US, CIPP/E

A recent article stirred up quite a bit of discussion among my LinkedIn friends.

Opposing counsel requested discovery of a plaintiff’s Facebook page. The plaintiff’s attorney advised him to clean it up and was suspended for five years from the practice of law. The disciplinary system actions states the suspension was for “violating professional rules that govern candor toward the tribunal, fairness to opposing party and counsel and misconduct.”

My immediate reaction on the title of the article “lawyer agrees to five-year suspension for advising client to clean up his Facebook account” had me on the side of the lawyer. It makes sense to clean up one’s image in a lawsuit—as long as doing so doesn’t hide incriminating evidence, etc. But in reading the article, and learning that this advice came after a discovery request, of course interfering with discovery orders would warrant discipline for an attorney. It has overtones of Enron’s paper-shredding party.

More from K Royal

Trending

The Proposed EU Data Protection Regulation: Historic Privacy Framework or Swiss Cheese?

By Jedidiah Bracy, CIPP/US, CIPP/E

What a week for the proposed EU data protection regulation. Here is a roundup we’ve put together highlighting the various initiatives and concerns with this hugely important, but contentious legislation. European Data Protection Supervisor Peter Hustinx is concerned that if the regulation isn’t passed before the expiration of the current European Parliament, then “serious repercussions in terms of economic development” will ensue, and MEP Jan Philip Albrecht has warned that the EU may end up with a data protection regime that will be weaker than the 1995 directive.

With serious concerns by some about the level of lobbying efforts by U.S.-based tech companies, the U.S. government and the advertising industry, a coalition of privacy advocates has banded together with the intent of educating and convincing citizens to contact their representatives and demand strong data protection legislation. The tone and tenor of the data protection debate shows how contentious privacy has become.

More from Jedidiah Bracy

Opinion

A Brave New World Demands Brave New Thinking

By Phil Lee, CIPP/E, CIPM

Much has been said in the past few weeks and months about Google Glass, Google’s latest innovation that will see it shortly launch Internet-connected glasses with a small computer display in the corner of one lens that is visible to, and voice-controlled by, the wearer. The proposed launch capabilities of the device itself are—in pure computing terms—actually relatively modest: the ability to search the web, bring up maps, take photographs and video and share to social media.

So far, so iPhone.

But, because users wear and interact with Google Glass wherever they go, they will have a depth of relationship with their device that far exceeds any previous relationship between man and computer.

More from Phil Lee

Opinion

What I’m Hearing Out on the Rue

A variety of client and professional meetings in France and Belgium have me here for an extended stay. I have heard many interesting things about privacy/data protection issues. So here is what I am hearing “out on the Rue.”

More from Christopher Wolf

Opinion

Will the Right To Be Forgotten Lead to a Society That Was Forgotten?

The “right to be forgotten,” a fundamental part of the proposed reforms to the EU’s data protection legislation, is being watched closely by professionals in the archives world. From a bird’s eye view, this proposal would have an undeniable effect on the preservation of the individual and collective memory of society.

Although the rationale and intent of the proposal is based on increasing concerns over the impact of rapidly advancing and intrusive technologies on the lives of people, the implications for the appraisal, selection and preservation of records containing personal data over time are very real and will need to be carefully considered. This proposal must be reviewed with the understanding that archival records—records of enduring administrative, legal, fiscal, cultural, historical and intrinsic value—represent the essence of a society and provide glimpses into the past and lessons for future generations.

More from Cherri-Ann Beckles