Your Biweekly Dose of Privacy Law: Events & News Galore!

Hey everyone,

Congratulations on making it a third of the way through the semester! We hope that this semester you have hit the ground running and are enjoying all your classes. We just want to remind you of our upcoming events, share some news, and offer privacy resources. If anyone has news or resources they would like to share, please don’t hesitate to send them our way.

Events:

Privacy Law Association Lexis Webinar

Come learn how Lexis’s Computer & Internet Law practice center can help with privacy law, and stay for the training on how to use Lexis’ AI. The webinar will be on February 13th from 1:00 to 1:30 on Zoom. Join here or register at https://www.lexisnexis.com/lawschool/new_york_law_school/c/e/43382.aspx!

General Body Meeting

Our general body is on Tuesday, March 19th, from 12:50 to 1:50 in W220. There will be pizza. Come share with us what you want our club to help provide you.

Privacy in Analytics with Lauren Mihalakakos

Come hear Lauren Mihalakakos, a certified privacy expert, share about her work as the Senior Privacy Program Manager at Clarivate Plc. This event will be on Thursday, March 28th, from 12:50 to 1:50 in room W402.

Save the Date:

TriBeCa Cybersecurity Summit:

Just to put this on your calendars: the Tribeca Cybersecurity Summit is officially scheduled for Friday, April 26th, on campus. The summit is one of the Tricarico Institute’s flagship events, and it’s always a great opportunity to meet other privacy professionals. More updates to follow!

Resources:

Street Level Surveillance

EFF’s Street-Level Surveillance project shines a light on the surveillance technologies used in our communities. They’ve done yeoman work identifying the types of surveillance currently in play, the implications of said surveillance, and–with their “Atlas of Surveillance”–what technologies are being used to spy on a city near you!

Free Computer Science and Cybersecurity Classes

Here are the PLA, our focus is on privacy law… but a good application of law requires a good understanding of the facts. Besides which, the law alone only goes so far in equipping you to ensure your personal privacy. Coursera is currently offering free cybersecurity and computer science classes from a range of top-ranked universities; although they also have paid offerings, these free options should give you more than enough for a solid foundation. We particularly recommend Cybersecurity for Everyone, from the University of Maryland, even if you have no interest in getting into any of the mathy weeds further down the list 😄

Artificial Intelligence (AI) and the Practice of Law

You’ve all no doubt heard of the law suits over intellectual property law and AI, but privacy is a risk too! The Honorable Xavier Rodriguez has an article in last year’s Sedona Conference Journal Volume 24, Number Two. In general, if you haven’t heard of the Sedona Conference before, you might want to check them out! They drafted some of the earliest guidelines on privacy policy, and they regularly produce cutting-edge literature in the field.

News:

Court Finds No Privilege in Attorney-Client Emails to and from Client’s Workplace Email Account

In a recent case, emails between an employee from the United States Department of Veterans Affairs (VA) and her attorney were determined to be not privileged. The court found that there was no expectation of privacy, because the emails had been sent from the employee’s VA email account. As it happens, VA policies strictly warn that there is no expectation of privacy in an employee’s workplace email–and any email provided by an employer or institution is usually subject to similar policies and a similar lack of privacy! Remember not to do anything risky using your work (or school) email.

Expanded Definitions of Biometric Information Include Behavioral Data as Protectable

Illinois made headlines with its Biometric Information Privacy Act, but other states have taken that precedent and run with it. California, Colorado, and New Jersey now include behavioral data, including data on sleep habits, health, and exercise, under the heading of “biometric information.” Previously, biometric data has generally been considered to include only physical biology that could not be readily changed, like fingerprints. The federal government has also taken note, with the FTC directly drawing a connection between protection for behavioral characteristics and AI security.

New Immigration Bill Doubles Down on Eradicating Privacy from Immigrants

A recent US senate bill of asylum and border laws also seeks to increase funding for border monitoring tools and data gathering. This includes $170m for additional autonomous surveillance towers and $204m for “expenses related to the analysis of DNA samples”–much of which DNA is collected without consent from migrants detained by border patrol. An additional $25m would be allocated for “familiar DNA testing,” a practice that has itself seen a range of challenges under the 4th Amendment.

Best,
Jon Welgrin
Social Chair, Privacy Law Association
[email protected]
Please reach out with anything!

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