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The Privacy Act @40
A Celebration and Appraisal on the 40th Anniversary of the Privacy Act and the 1974 Amendments to the Freedom of Information Act
October 30, 2014
9 – 9:15 a.m.
Welcome from Dean William Treanor, Georgetown Law
9:15 – 10:30 a.m.
Panel I: The Origins of the Privacy Act and the 1974 FOIA Amendments
A discussion of the events that led to the legislation’s passage and its early litigation.
- Mark Lynch, Partner, Covington & Burling
- Katherine Meyer, Partner, Meyer Glitzenstein & Crystal
- James Rule, Distinguished Affiliated Scholar, Center for the Study of Law and Society, UC Berkeley School of Law
- Tom Susman, Director, Government Affairs, American Bar Association
- David Vladeck (LL.M. ’77) (Moderator), Professor of Law, Director, Center on Privacy and Technology, Georgetown Law
10:30 – 10:45 a.m.
10:45 a.m. – 12:30 p.m.
Panel II: The Privacy Act Today
A discussion of the challenges currently confronting the Privacy Act statutory framework, and whether the statute is or isn’t well-suited to meet them.
- Khaliah Barnes (L’11), Administrative Law Counsel and Director, Student Privacy Project, Electronic Privacy Information Center
- Bob Gellman, Privacy and Information Policy Consultant
- Erika Brown Lee, Chief Privacy and Civil Liberties Officer, U.S. Department of Justice
- Deirdre Mulligan (L’94), Associate Professor, UC Berkeley School of Information
- Alan Raul, Partner, Sidley & Austin
- Julie Cohen (Moderator), Professor of Law, Director, Center on Privacy and Technology, Georgetown Law
12:30 – 2:00 p.m.
Lunch and Keynote address by the Honorable Laurence H. Silberman, Senior Judge, U.S. Court of Appeals for the D.C. Circuit
2:00 – 3:30 p.m.
Panel III: FOIA Today
A discussion of the challenges currently confronting the FOIA statutory framework, and whether the statute is or isn’t well-suited to meet them.
- Laura Donohue, Professor of Law, Director, Center on Privacy and Technology, Georgetown Law
- Melanie Pustay, Director, Office of Information Policy, U.S. Department of Justice
- David Vladeck (LL.M.’77), Professor of Law, Director, Center on Privacy and Technology, Georgetown Law
- Anne Weismann, Chief Counsel, Citizens for Responsibility and Ethics in Washington
- Marc Rotenberg (LL.M.’13) (Moderator), President and Executive Director, Electronic Privacy Information Center; Adjunct Professor of Law, Georgetown Law
3:30 – 3:45 p.m.
3:45 – 5:15 p.m.
Panel IV: Looking Ahead
A discussion of the prospects for reform of the current Privacy Act and FOIA framework and the direction that such reform should take.
- Paul Ohm, Associate Professor, University of Colorado Law School
- Peter Swire, Professor of Law and Ethics, Georgia Tech Scheller College of Business
- April Carson, Counsel, U.S. Senate Judiciary Committee
- Alex Macgillivray (Invited), Deputy U.S. Chief Technology Officer, Office of Science and Technology Policy, The White House
- Alvaro Bedoya (Moderator), Executive Director, Center on Privacy and Technology, Georgetown Law
5:15 – 5:30 p.m.
Closing Remarks from John Podesta (L’76) (Invited), Counselor to the President
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Save the date for the GW Law Review‘s Annual Symposium, The FTC at 100: Centennial Commemorations and Proposals for Progress, which will be held on Saturday, November 8, 2014, in Washington, DC. This year’s symposium, hosted in conjunction with GW Law Professor and former FTC Chairman William E. Kovacic, aims to celebrate the successes of our nation’s oldest federal regulatory agency and confront the challenges it faces moving forward. Click here for more information
EFF Staff Attorney Hanni Fakhoury will present twice at the Oregon Criminal Defense Lawyers Association’s Annual Sunny Climate Seminar. He will give a presentation on government location tracking issues and then participate in a panel discussion on “Pressing Fourth and Fifth Amendment Issues in Data Privacy.”
For more information, click here.
The Privacy and Civil Liberties Oversight Board will conduct a public meeting with industry representatives, academics, technologists, government personnel, and members of the advocacy community, on the topic: “Defining Privacy.”
While the Board will address the definition of privacy in the context of government counterterrorism programs, it is also interested in what conceptual interests are involved in the protection of privacy, how the impact of technology has affected privacy, what privacy interests have been identified by government privacy officials, what lessons have been learned in the private sector, and what the best way is for government to address privacy concerns. Interested parties are encouraged to attend and to submit comments. The meeting and comments will inform the Privacy and Civil Liberties Oversight Board’s approach to privacy issues within its statutory purview.
The meeting will be held Wednesday, November 12, 2014 from 8:30 a.m. through 4:30 p.m. (Eastern Standard Time) at the Washington Marriott Georgetown Hotel, 1221 22nd Street, NW, Washington, DC 20037. The meeting is open to the public, and pre-registration is not required.
The Workshop on User Centric App Controls intents to further the discussion among stakeholders of the mobile web platform, including researchers, developers and service providers. This workshop serves to investigate strategies toward better privacy protection on the Web that are effective and lead to benefits in the near term. This includes discussing basic privacy UI features that will, on the long run, create a user experience that loops with user expectations. We expect certain controls and dashboards in a car. Perhaps we can create a similar clarity for the privacy dashboard of our devices.
The Workshop is user centric as it will also look at user experience, user behavior and how we can offer controls that provide the necessary transparency of privacy-affecting interactions. But it also addresses app developers and the need for usable and implementable APIs to address privacy protection within the Open Web Platform that allow developers to address user’s privacy needs.
For more information, click here.
Government and FTC and Consumer Privacy return to Washington, DC. For more information, click here.
The EU Member States have agreed to conclude the negotiations on the EU Data Protection draft Regulation in 2015. The process will have arrived at a critical point by the end of this year. The objective of this Roundtable is to give you a report on the progress achieved under Italy’s Presidency before the baton is passed to Latvia.
• Allegra Migliorini, Chair of the Council of Ministers DAPIX
committee under Italy’s Presidency of the European
Union. Allegra Migliorini has chosen this date as it is very
soon after the last DAPIX meeting in December
• Anna Buchta, Head of Litigation and Legislative Policy, European
Data Protection Supervisor’s Office, Brussels who has insights
into the positions of the 28 national Data Protection Authorities
• David Smith, Deputy Commissioner and Director of Data Protection, Information Commissioner’s Officer, UK
• Rory Munro, Head of EU and International Data Protection Policy, the Ministry of Justice, London
• Gail Crawford, Partner, Latham & Watkins, London
• Douwe Korff, Emeritus Professor of International Law, London Metropolitan University and Associate of the
Oxford Martin School of the University of Oxford, speaking on:
Interpreting and Applying the EU DP Regulation consistently throughout the EU
(Chapter VII, section 2, art. 57ff. in the original European Commission version and also in the European Parliament-approved version)
The raison d’etre of the new regulation is harmonisation. But for that it is not enough that the law-on-paper is the same everywhere. The law must also be applied and interpreted in the same way throughout the EU/EEA, or the very benefit the regulation seeks to achieve will be lost. Different interpretations could also cause serious problems with the member states and could even threaten the very fabric of European Union law. If one country were to apply the rules so loosely as to fall short of (say, but in particular) the German constitutional requirements – which are high – then the German courts might intervene, in the way threatened by the famous “solange” (so-long-as) decisions of the 1970s. The consistency mechanism is the tool that is supposed to address that problem. How will it work? What is required if it is to work fully in practice? Douwe Korff will address these issues in the light of the latest text of the regulation.
Learn how those on the leading edge of privacy governance and digital innovation from companies including Cigna, Cisco Systems, eBay Inc. Public Policy Lab, FocusMotion,Ghostery, Goodyear Tire & Rubber Company, Google, HP Enterprise Security Products, JPMorgan Chase, Liberty International Underwriters, Macy’s, McAfee, Nielsen, Oracle, Pitney Bowes, Procter & Gamble Company, TD Bank, TRUSTe, United Parcel Service, Wal-Mart Stores and others are breaking down the barriers between the CPO’s office and the legal, marketing, digital and technical teams within their organizations to grow their business while still catering to the needs of your most loyal customers.
Completely updated to provide insights on how to look at privacy not as a chain that binds your business but rather as a tool for obtaining the maximum business value from the data your organization routinely collects as you explore such topic as:
- Big Data, New Privacy Safeguards: New and Novel Approaches for Utilizing Personal Information to Support Your Business That Are Consistent with Privacy
- Data Engagement and Information Sharing: Managing Privacy Risks to Help Your Business Drive Engagement with Customers and 3rd Parties for Successful Global Expansion
- How to Survive a New Era of Cyber Security Threats: How to Ensure Your Brand and Business Are Best Positioned to Survive a Breach Event
- Scrubbing for Treasure: Utilizing Innovative Data Analytics Techniques and Technology to Preemptively Identify Market Trends, Prospective Customers and the Next “Big Thing”
- Navigating the Global Landscape: Insights for Expanding into New Markets: How to Position Your Business for Success When Going Global
- Ambient Commerce and the Internet of Things (IoT): Evaluating the Future of Data Collection and Prediction in an Increasingly Interconnected Society
Benefit from a private, closed-door atmosphere in which you can meet with senior-level executives and gain forward-thinking strategies for utilizing privacy as an enabler for penetrating new markets and supporting new technology while nurturing your business’ growth in an increasingly digital environment and walk away from this event with leading strategies for responding to today’s most pressing business issues currently facing those navigating the privacy landscape.