Saturday, June 20, 2020

What is a "Fellow of Information Privacy"?

Inclusion among the Fellows means that a privacy professional has "demonstrated...comprehensive knowledge of privacy laws, privacy program management and essential data protection practices through... successful completion of credentials... considerable on-the-job experience," and continuing education.  The criteria for consideration are:
  • hold a CIPP designation (US, Canada, Europe or Asia); and
  • hold either a Certified Information Privacy Manager (CIPM) or Certified Information Privacy Technologist (CIPT) certification; and
  • demonstrate three years of work experience focused on data privacy (ISC2, ISACA, IEEE certifications can satisfy one year); and
  • provide peer reviews; and
  • submit a written statement describing one's experience and expertise.
If you're an experienced, credentialed privacy professional, you should consider applying.  (There is no cost.)

Sunday, June 7, 2020

What Is A "Sale" of Personal Information Under the CCPA? No One Knows (Although the California Department of Justice Says It Is Obvious)

In my opinion, the most vexing unresolved question associated with the California Consumer Privacy Act is what the term "sale" means.  Specifically, what "valuable consideration" renders the sharing of personal information a "sale"?  The consequences for businesses are substantial. 

Comment W280-5 dealt with this specifically and politely: " would be useful to have the definitions of ‘sale’ and ‘valuable consideration’ clarified."

The Attorney General's regulations and guidance have repeatedly failed to address or explain this, despite pleading from industry. Instead, the California Department of Justice glibly declined on the basis that the meaning is already clear: "There is no need to clarify the definition of 'sale'....   [T]he terms 'valuable' and 'consideration' are reasonably clear and should be understood by the plain meaning of the words."

It is anything but clear.

Even the CCPA's proponents, Californians for Consumer Privacy, know it is unclear.  They have attempted to add clarity in the CPRA proposal, although even that attempt falls far short. 

As a result, we will likely spend enormous time, energy, and money (including taxpayer dollars) in the coming months and years trying to bring clarity to the question. In the meantime, there will be massive uncertainty in several of the industries that Californians and Americans desperately needs to help revive its economy as the COVID-19 pandemic subsides. 
Sale hang tag, red, with word "sale" printed in white