Global Privacy Policy: Privacy Climate Changes Ahead
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- Britney Tucker
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1 Thursday, August 23, 8am The Privacy Symposium The Charles Hotel and Harvard Faculty Club Cambridge, MA August 2007 Global Privacy Policy: Privacy Climate Changes Ahead Chairman s Introduction Stewart Dresner, Chief Executive 1
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6 Global: Where are the privacy laws? EU member states 2. Other EEA countries eg. Norway, Iceland 3. Non-EEA adequate countries eg. Isle of Man, Guernsey, Switzerland, Canada, Argentina 4. Other countries for a future possible adequacy declaration eg. Australia, Dubai, Hong Kong, Israel, New Zealand 5. Other countries with different types of laws eg. USA, Taiwan and Russia 6
7 Warning! In the news 1. Towers Perrin Is Hit by Laptop Theft (Wall Street Journal, January 9 th 2007) 2. UK s Nationwide Building Society fined 980,000 by the FSA for lapses in data security procedures (14 th February 2007) 3. Zeppelin (maker of Spain s Big Brother TV programme) fined more than 1 million Euros (confirmed by Supreme Court, April) 7
8 1. Privacy Climate Changes Ahead More countries with DP laws in the legislative process China India South Africa Latin America 8
9 2. Privacy Climate Changes Ahead A human right by non-democratic means Privacy a human right in the Universal Declaration and European Convention on Human Rights But some countries with DP laws are not democracies. Why do they bother? Commercial value in having a DP law A non-democratic ruler can adopt a new law quickly 9
10 3. Privacy Climate Changes Ahead Penalties getting stronger USA Spain France Czech Republic United Kingdom? 10
11 4. Privacy Climate Changes Ahead Privacy regulators inspections and audits more methodical, coordinated Netherlands - consensual audit framework Spain - investigates every complaint France - visits without warning UK - consent based and agree scope in advance but also part of enforcement Coordinated Europe-wide audits 11
12 5. Privacy Climate Changes Ahead More cooperation between DPAs and other regulators Italy Garante and Financial Police UK ICO and the Financial Services Authority Sweden Data Inspection Board, the Post & Telecommunications Agency, and the Consumer Ombudsman 12
13 6. Privacy Climate Changes Ahead Focus in the organisation moving up Traditionally a middle management role with HR and/or marketing focus Now attention moving up (HP in USA and UK finance sector) Media coverage of others is useful tool Huge salaries in affected firms in USA show that privacy becoming strategic issue 13
14 7. Privacy Climate Changes Ahead More access laws and transparency Privacy advocates Consumers DPAs increasing transparency Spain s DP Agency s audit reports on website UK ICO has now published names of two audited organisations France s CNIL makes companies pay to advertise 14
15 8. Privacy Climate Changes Ahead What is ahead? 1. DPA s to become more interventionist 2. Companies increasingly to see privacy as component of reputation 3. Search for technological solutions to continue 4. Companies will want recognition/accreditation for their privacy efforts eg. European Privacy Seal award to Microsoft 15
16 8. Privacy Climate Changes Ahead What is ahead? (continued) 5. Privacy laws to provide an increasingly common basis for companies initiatives 6. DPAs to broaden scope 7. Consumers willing to pay a privacy premium 8. Consumers less willing to deal with those they don t trust 16
17 Develop the ideal CPO skills set (1) Diverse skills for CPO and privacy managers to manage privacy laws compliance programs 1. Constantly refresh your knowledge 2. Credibility, determination, commitment 3. Persuasive powers and diplomatic skills 4. Accessibility 5. Flair for publicity 17
18 Develop the ideal CPO skills set (2) 6. Ability to build on your organization s core values 7. Willingness to work with prevailing management processes 8. Lead strategic thinking among top management on privacy as a competitive advantage. 9. Credible DP audits show compliance 10. How best to show privacy gains impact your organisation? 18
19 Contact details Stewart Dresner, Chief Executive, Privacy Laws & Business 2nd floor, Monument House, 215, Marsh Road Pinner, Middlesex, HA5 5NE, United Kingdom Tel: Fax: stewart@privacylaws.com 19
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