Episode 146 — October Data Privacy Highlights

Frost Brown Todd Podcast

October 2023 was a busy month for data privacy. Join our monthly podcast of three major developments in the world of personal information and technology. Our picks are these: 1. On October 30, President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (AI). Noteworthy to Data Privacy was his call for Congress to pass bipartisan data privacy legislation, especially for children, which would be a significant step towards a federal data privacy law. In addition to national security and other features, the EO prioritizes federal support for accelerating privacy-preserving techniques, strengthening privacy-preserving research and technologies, evaluating how agencies collect and use commercially available information, and developing guidelines for federal agencies to evaluate the effectiveness of privacy-preserving techniques. Explore what the Executive can do in the absence of Congressional action on data privacy. FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence | The White House. 2. The Federal Trade Commission amended its Safeguards Rule to require non-banking financial institutions to report certain data breaches to the FTC. Learn which businesses are covered and what the rule requires of them. Explore how the new reporting requirements will force a wide range of businesses to report data breaches in detail to the FTC, and how this could affect data privacy. FTC Amends Safeguards Rule to Require Non-Banking Financial Institutions to Report Data Security Breaches | Federal Trade Commission. 3. A United Kingdom court rules on October 17 that Clearview AI was not liable to the UK’s Information Commissioner for scraping the photos of UK residents from the internet and offering its services to foreign law enforcement agencies. ukftt_grc_2023_819.pdf (nationalarchives.gov.uk). Learn why the extraterritorial reach of GDPR principles does not extend as many thought it might, how UK residents who have not consented to Clearview’s use of their images have no remedy, and what this means for any regulation of what people post on the internet. Time stamps: 00:25 — Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence 05:53 — FTC amends Safeguard Rules 11:16 — UK Court rules in favor of Clearview AI