Discerning Data

Data Security Concerns Continue in 2018 – Survey Provides New Insight

A vast majority of companies report feeling vulnerable to data breaches and security threats, according to a recent report published by a data security provider and information technology advisory company. It is predicted that companies are planning on spending more than ever before to protect themselves in 2018.

The report, published by Thales eSecurity and 451 Research, summarizes the surveyed responses of more than 1,200 senior security executives employed in the U.S., U.K., Germany, Japan, Sweden, the Netherlands, Korea, and India. Of these respondents, more than one-third had major influence on security-decision making, and nearly half had sole-decision making authority.

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Building the Blocks of Knowledge – NIST Releases Draft Blockchain Technology Overview

On January 25, 2018, the National Institute of Standards and Technology (NIST) division of the U.S. Department of Commerce released a draft report of Blockchain technology (Overview). Recognizing the growing public awareness of the most well-known application of Blockchain technology – Bitcoin, the Overview draft report provides a high-level discussion of the technical components of Blockchain technology, addressing how data is encrypted, and how the data is verified and then distributed among the participating Blockchain parties. NIST is seeking comments on the scope and completeness of the draft Overview, which are due by February 23, 2018.

The Overview begins with a fairly detailed, yet accessible, overview of the architecture of Blockchain technology, covering both how data that is to be recorded and encrypted in the blocks, and how the individual blocks are then incorporated into the corresponding Blockchain. Discussions of hashing, nonces, forking and Merkle Trees are included, along with helpful charts for those with a preference for visuals.

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Partnership for Public Service Releases White Paper on Using Artificial Intelligence to Transform Government

The Partnership for Public Service has issued a report that examines how artificial intelligence (AI) is being used by federal and state authorities in a variety of areas.

The research for the report, “The Future Has Begun: Using Artificial Intelligence to Transform Government,” was performed in collaboration with the IBM Center for The Business of Government and includes four case studies. The first case study involved using AI techniques originally created at the University of South Carolina to fight crime more effectively. The software was originally used to fight domestic terrorism by helping federal and state officials determine potential targets and make recommendations on randomizing patrol routes, security schedules for police officers, boat patrol routes, and assigning air marshals to flights. In a later application of the same software, the same system was given to wildlife rangers in Africa to assist in making decisions on which wildlife areas to patrol on any given day to protect both animals and plants. This was in response to presidential Executive Order 13648 issued in 2013 to have the Agriculture, Treasury and State Departments assist in combating wildlife crime.

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Connected Cars in 2018 – Ready for the Fast Lane?

One of the most frequent predictions for significant growth in 2018 is the development of the connected car ecosystem. During the second half of 2017, there were workshops, proposed legislation and other guidance from the Department of Transportation and the National Highway Traffic Safety Administration (NHTSA).

In June 2017, the FTC and the NHTSA hosted a workshop in Washington, D.C. to discuss the enormous amounts of data collected and used in the connected car ecosystem. The workshop included representatives from consumer groups, industry, government and academia, and explored the benefits and challenges in this fast-growing market. After reviewing the materials submitted in connection with the workshop, the FTC released its Key Takeaways earlier this month.

In addition, the U.S. House of Representatives passed H.R. 3388, the SELF DRIVE (Safely Ensuring Lives Future Development and Research in Vehicle Evolution) Act to encourage testing, development and deployment of highly automated vehicles. Finally, the U.S. Department of Transportation and the NHTSA released new federal guidance for automated vehicles titled Automated Driving Systems 2.0: A Vision for Safety.

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Recap of Our General Data Protection Regulation Webinar Series

In preparation for the General Data Protection Regulation (GDPR), set to take effect in the EU on May 25, 2018, we have hosted a series of webinars to help attendees navigate the changing data protection landscape. The GDPR is the EU’s most important change in data privacy regulation in 20 years, replacing the 1995 Data Protection Directive, and will affect any company that processes data pertaining to individuals in the EU. Please find more information on the presentations below:

Overview of Preparing for the General Data Protection Regulation (GDPR): A high-level plan for preparing for GDPR implementation.
Conducting a Data Inventory and Mapping: The process of conducting a data inventory and mapping.
Establishing a Data Protection Officer: The requirements and considerations concerning the appointment of a Data Protection Officer.
Conducting Data Protection Impact Assessments: The requirements and considerations for conducting a data protection impact assessment.
Determining Your Lead Data Protection Authority: Determining a lead data protection authority and options for companies whose existing structures do not allow them to take advantage of this mechanism.
Right to Data Portability: Determining the scope of the new data subject right to data portability, when it applies and what it means in practice.
Legal Bases for Processing: The provisions of legal bases for the processing of personal data.
Transparency: The provisions of the GDPR transparency requirement and its effects on data subject rights.
Automated Processing and Profiling: Understanding the automated processing and profiling rights of data subjects under the new GDPR.
Data Breach Notification: Circumstances in which notification is required and how to implement effective incident response plans.
International Data Transfers: The key requirements for international data transfers, including actual and potential changes to existing transfer mechanisms.

United States Is First Country to Join APEC Privacy Recognition for Processors Program

The United States recently became the first country to participate in the new Asia-Pacific Economic Cooperation (“APEC”) Privacy Recognition for Processors (“PRP”) program. Finalized in 2016 and designed to certify privacy compliance for personal information processors within the Asia-Pacific region, the PRP program offers a trustmark certification to processors that demonstrate their capacity to assist data controllers in complying with relevant privacy obligations. According to APEC, the PRP program was created so that (1) data controllers are able to identify qualified data processors to implement data controllers’ data processing obligations, (2) data processors are able to demonstrate their ability to provide effective implementation of a controller’s privacy requirements, and (3) small and medium-sized institutions are able to gain exposure and visibility into a global data processing network. Continue reading “United States Is First Country to Join APEC Privacy Recognition for Processors Program”