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11th October 2019

Workshop (Invitation Only): The Cross-Cutting Issues of Privacy and (Personal) Data Protection as They Impact on the TMT Sector

Workshops, Communications Policy & Regulation Week

A Dialogue Hosted by the International Institute of Communications, Supported by Microsoft

The Cross-Cutting Issues of Privacy and Data Protection Workshop Summary Report

The workshop was by invitation only, and looked at the cross-cutting issues of privacy and personal data protection as they impact on the telecommunications, content and technology sectors.

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Chaired By

Rosa Barcelo Partner and Deputy Co-Chair, Data Privacy & Cybersecurity Practice Group, Squire Patton Boggs

Rosa Barcelo has nearly 20 years of experience in European data protection and privacy, including expertise in compliance and policy. Her experience covers diverse sectors and is drawn from working in private practice, as well as in public service with the European Data Protection Supervisor (EDPS) and the European Commission.
Rosa Barcelo advises clients on data protection and privacy, including compliance with the GDPR and the e-Privacy Directive. She has a particular focus on cutting-edge ICT issues, including AI, machine learning, autonomous vehicles, programmatic advertising and online tracking technologies.

Prior to joining Squire Patton Boggs, Ms Barcelo was Deputy Head of Unit of the Cybersecurity and Digital Privacy Unit of DG CONNECT in the European Commission, where she led legislative deliberations over the proposed e-Privacy Regulation.

During her tenure with the European Commission, Ms Barcelo also worked in the Data Protection Unit where she was responsible for international data transfer issues (BCRs and adequacy decisions). Ms Barcelo’s work with the office of the EDPS focused on a wide range of ICT-related issues. In these roles, Ms Barcelo worked closely with national supervisory authorities participating in the former Article 29 Working Party (now the European Data Protection Board).

Ms Barcelo has also worked in academia and as a private lawyer in the Brussels offices of various international law firms, where she advised on EU privacy and data protection issues, as well electronic commerce and technology laws.

Ms Barcelo is a frequent lecturer on data protection, privacy and cybersecurity.

Speakers

Andrea Jelinek (Dr) Chair, European Data Protection Board, Austria

Dr Andrea Jelinek became head of the Austrian Data Protection Authority on 1 January 2014.

Since February 2018, she has also been the Chair of the Article 29 Working Party.

While still a student, Dr Jelinek started her career working as a consultant at the Austrian Science Fund (FWF), later as a trainee lawyer and from 1991 as a legal officer at the General Secretariat of the Austrian Rectors’ Conference. Two years later, she moved to the Ministry of the Interior, where she first worked as a legal officer and later as head of department in the legal and legislative department. One of Dr Jelinek’s specialisations – asylum and immigration law – helped determine her further career. From October 2010 to June 2011 she was head of the Vienna Foreign Police. Before that, in 2003, she was the first woman in Vienna to be appointed head of a Police Commissioner’s Office.

Andrea Millwood Hargrave Director of Regulatory Fora, International Institute of Communications

Andrea Gita Millwood Hargrave, Director of Regulatory Fora, is an independent advisor on regulatory policy and research, working across the telecommunications, media and technology (TMT) sectors. Formerly the IIC’s Director General from February 2009-March 2020, her interest in developments in the communications industry is evident from her experience, both regulatory and business-facing, initially with media content development, and now with emerging technologies that make up the converging digital ecosystem.

An Associate of the Programme in Comparative Media Law and Policy, Centre for Socio-Legal Studies, University of Oxford, and serving as an Expert with the UK Council for Internet Safety (UKCIS), Andrea has published widely on media policy in an international context. She has a keen interest in communications and digital literacy and has acted as an Expert in for both the European Union and the Council of Europe, as well as working in an advisory capacity for international organisations.

Bojana Bellamy President, Centre for Information Policy Leadership

Bojana Bellamy is the President of Hunton Andrews Kurth LLP’s Centre for Information Policy Leadership (CIPL), a preeminent global information policy think tank located in Washington, DC, London and Brussels. With more than 20 years of experience and deep knowledge of global data privacy and cybersecurity law, compliance and policy, she has a proven industry record in designing strategy, and building and managing data privacy compliance programs. Ms Bellamy was one of 20 privacy experts to participate in the transatlantic “Privacy Bridge Project” from 2014 – 2015 that sought to develop practical solutions to bridge the gap between European and US privacy regimes.

Currently, Ms Bellamy sits on the Datum Future Advisory Board, the Internet Commission Advisory Board and the OECD’s Privacy Guidelines Expert Group. She participates in many industry groups and is a regular speaker at international privacy and data security conferences. Ms Bellamy was also the recipient of the 2019 International Association of Privacy Professionals (IAPP) Vanguard Award, which recognizes privacy professionals for outstanding leadership, knowledge and creativity in the field of privacy and data protection.

Prior to joining CIPL, Ms Bellamy served for 12 years as the Global Director of Data Privacy at Accenture, and worked for eight years as Principal Consultant with Privacy Laws & Business.

Giuseppe D’Acquisto Senior Technology Advisor, Italian Data Protection Authority (The Garante)

Giuseppe D’Acquisto is Senior Technology Advisor for the Italian Data Protection Authority (the Garante). He represents the Garante within the Technology Expert Subgroup of the European Data Protection Board, being rapporteur in various opinions and working documents (e.g. anonymization techniques, cloud computing, collaborative intelligent transport systems, e-privacy GDPR interplay). He has been appointed national expert by the European Union Agency for Network and Information Security (ENISA) in the development of guidelines for Privacy by design in Big Data and of guidelines for personal data security risk assessment, and by the European Medicines Agency (EMA) in the implementation of a policy for the anonymization of clinical data records.

He holds a full degree in electronic engineering and a PhD in computer science.

Hielke Hijmans Chairman of the Litigation Chamber and Member of the Executive Committee, Data Protection Authority, Belgium

Dr Hielke Hijmans is Chairman of the Litigation chamber and Member of the Board of Directors of the Belgian Data Protection Authority (“Gegevensbeschermingsautoriteit/Autorité de la Protection des Donnnées).

On a part time basis, he is affiliated to the Brussels Privacy Hub. He is Member of the Meijers Committee on EU fundamental rights and teaches at various universities. He is the author of The European Union as Guardian of Internet Privacy: The Story of Art 16 TFEU (Springer 2016), which was based on his doctorate thesis.

Until April 2019, Dr Hijmans delivered services on a structural basis to the Centre for Information Policy Leadership (Washington, London, Brussels) and Considerati (Amsterdam). For 12 years (until 2016), Dr Hijmans served at the offices of the European Data Protection Supervisor (EDPS), inter alia as head of unit policy and consultation. Before joining the EDPS in 2004, he held a post as member of cabinet/legal secretary at the Cabinet of Advocate-General Geelhoed at the Court of Justice of the European Union in Luxembourg. Furthermore, Dr Hijmans was counselor at the Directorate of Legislation of the Ministry of Justice in The Hague.

Ian Walden (Dr) Professor, Centre for Commercial Law Studies, Queen Mary University of London

Dr Ian Walden is Professor of Information and Communications Law and Director of the Centre for Commercial Law Studies, Queen Mary, University of London.

Dr Walden is a member of the European Commission’s Expert Group to support the application of the GDPR and a member of the Code Adjudication Panel at the Phone-paid Services Authority (2016-). His is also a solicitor and Of Counsel to Baker McKenzie. He leads Queen Mary’s Legal initiative and is a principal investigator on the Cloud Legal Project.

Dr Walden has been a visiting professor at the universities of Texas, Melbourne and KU Leuven. Dr Walden has been involved in law reform projects for the World Bank, European Commission, Council of Europe, Commonwealth and UNCTAD, as well as numerous individual states. He was an ‘expert nationaux détaché’ to the European Commission (1995-96); Board Member and Trustee of the Internet Watch Foundation (2004-09); on the Executive Board of the UK Council for Child Internet Safety (2010-12); the Press Complaints Commission (2009-14), a member of the RUSI Independent Surveillance Review (2014-15).

His publications include Media Law and Practice (2009), Free and Open Source Software (2013), Computer Crimes and Digital Investigations (2nd ed., 2016) and Telecommunications Law and Regulation (5th ed., 2018).

Julie Brill Corporate Vice President, Deputy General Counsel, and Chief Privacy Officer, Global Privacy and Regulatory Affairs, Microsoft Corporation

Building on her distinguished public service career spanning more than three decades at the state and federal level, Julie Brill now leads Microsoft’s international work to elevate privacy as a fundamental human right.

Leading the team at the forefront of many of the regulatory issues that underpin the digital transformation, Ms Brill serves as a global authority concerning policy and legal issues involving privacy; internet governance; telecommunications; accessibility; and corporate standards. In 2018, she spearheaded Microsoft’s global adoption of the European Union’s General Data Protection Regulation (GDPR), and now leads Microsoft’s advocacy for complementary privacy mandates around the globe. In addition, Ms Brill serves as an advisor on data protection to Microsoft’s commercial customers, to help them remain on the cutting edge of privacy improvements.

Nominated by President Barack Obama and confirmed unanimously by the US Senate, Ms Brill served for six years as a Commissioner of the US Federal Trade Commission. As Commissioner, Ms Brill worked actively on issues of critical importance to consumers, including privacy, fair advertising practices, fighting financial fraud, and maintaining competition in all industries, including health care and technology.

Prior to Microsoft, Ms Brill joined the global law firm Hogan Lovells as Partner and Co-Director of its privacy and cybersecurity practice. She assisted clients with navigating the complex regulatory environment governing privacy, data breaches, cybersecurity, advertising and competition issues around the globe. Under her leadership, Hogan Lovells’ privacy and cybersecurity lawyers were named the top privacy practice in 2017 by Chambers.

Earlier in her career, Ms Brill served as Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust for the North Carolina Department of Justice; and as Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for more than 20 years. Ms Brill led the National Association of Attorneys General Privacy Working Group during her tenure at the North Carolina and Vermont Attorneys General offices.

Ms Brill is active in civil society, serving as co-chair of Business at the Organisation of Economic Cooperation and Development’s Committee for Digital Economic Policy; board member of the Center for Democracy and Technology; advisory board member of the AI Now Institute; and member of the National Academy of Sciences Intelligence Community Study Board.

Ms Brill has received numerous national awards and plaudits for her work, and, in 2013, Ms Brill was elected to the American Law Institute.

Ms Brill graduated, magna cum laude, from Princeton University, and from New York University School of Law, where she had a Root-Tilden Scholarship for her commitment to public service.

Rebecca Kelly Slaughter Commissioner, Federal Trade Commission (FTC), USA

Rebecca Kelly Slaughter was sworn in as a Federal Trade Commissioner on May 2, 2018. Prior to joining the Commission, she served as Chief Counsel to Senator Charles Schumer of New York, the Democratic Leader.

Ms Slaughter has advised Leader Schumer on legal, competition, telecom, privacy, consumer protection, and intellectual property matters, among other issues. Prior to joining Senator Schumer’s office, Ms Slaughter was an associate in the DC office of Sidley Austin LLP.

Ms Slaughter received her BA in Anthropology magna cum laude from Yale University. She received her JD from Yale Law School, where she served as an editor on the Yale Law Journal.

Roger Taylor Chair, Centre for Data Ethics & Innovation (CDEI), UK

Roger Taylor is chair of the Centre for Data Ethics and Innovation.

He has worked as an entrepreneur, a regulator and a writer. He has argued for a rebalancing of control over data and information towards citizens and civil society. He is chair of Ofqual, the qualifications regulator and a member of the advisory panel to Her Majesty’s Inspectorate of Probation.

Mr Taylor co-founded Dr Foster which pioneered the use of public data to provide independent ratings of healthcare. He has also worked as a correspondent for the Financial Times in the UK and the US and as a researcher for the Consumers’ Association.

Mr Taylor has written two books: God Bless the NHS (Faber & Faber (2014) and Transparency and the Open Society (Policy Press 2016).

Simon McDougall Deputy Commissioner, Regulatory Innovation and Technology, Information Commissioner’s Office (ICO), UK

Simon McDougall joined the ICO in October 2018 as a member of the Executive Team. Mr McDougall is responsible for leading the work of the Regulatory Innovation and Technology Directorate, ensuring delivery of ICO strategic goals through stakeholder liaison, guidance, research and international activity.

His work includes helping the ICO identify, understand and address emerging technologies with privacy implications, supporting the ICO’s innovation agenda, and making the ICO itself more ‘tech savvy’.

Prior to this appointment, Mr McDougall led a global privacy consulting practice at Promontory, an IBM company, leading projects across Europe, the US and Asia. He previously also led a similar team for Deloitte in the UK.

Mr McDougall is qualified as a Chartered Accountant, and has read English Literature at Somerville College, Oxford.

Friday 11 October 2019

08:30 Welcome & Opening Address

08:30 Registration

09:00 Welcome
Andrea Millwood Hargrave, Director General, International Institute of Communications

Chair:
Rosa Barcelo, Partner and Deputy Co-Chair, Data Privacy & Cybersecurity Practice Group, Squire Patton Boggs

09:15  Opening remarks & context setting
Julie Brill, Corporate Vice President, Deputy General Counsel, and Chief Privacy Officer, Global Privacy and Regulatory Affairs, Microsoft Corporation

09:30 Session 1: The Emergence and Convergence of Data Protection Legislation

The emergence of data protection legislation around the world and need for interoperable data protection frameworks. Cooperation between enforcers – how might overlapping areas be mediated?

Speakers
Simon McDougall
, Executive Director Technology Policy and Innovation, Information Commissioner’s Office (ICO), UK
Dr Andrea Jelinek, Chair, European Data Protection Board; Head, Austrian Data Protection Authority
Dr Peter Lovelock, Director and Founder, Technology Research Project Corporate (TRPC); Chair, Singapore Chapter, International Institute of Communications

10:30 Session 2: Cross-Cutting Issues of Privacy and Data Protection and Their Impact on Telecommunications Regulation

OTTs such as Instant messaging, webmail or VoIP are increasingly required across the world to apply telecom privacy rules, often subject to different privacy regulators. How is this being addressed? Case studies, including Europe (GDPR and ePR) and Singapore (PDPC). How will other countries address these issues, in particular the concerns of telecoms regulators from developing countries? What might be done from a capacity building perspective?

Speakers
Professor Ian Walden
, Centre for Commercial Law Studies, Queen Mary University of London
Giuseppe D’Acquisto, Senior Technology Advisor, Italian Data Protection Authority (the Garante)
Dr Hielke Hijmans, Chairman of the Litigation Chamber and Member of the Executive Committee, Data Protection Authority, Belgium

 

11:30 Break

 

11:45 Session 3: Enabling Responsible and Trusted Data Sharing

Increasing access to data through appropriate data sharing frameworks and fostering a trusted environment for collaboration through data are essential for innovation and inclusive growth. What are some considerations for enabling sustainable trusted data sharing, from technical, societal/economic, regulatory and policy perspectives? What are some of the mechanisms that have been proposed (e.g., data trusts) and what steps are being taken to implement them?

Speakers
Rebecca Kelly Slaughter, Commissioner, Federal Trade Commission (FTC), USA
Roger Taylor, Chair, Centre for Data Ethics and Innovation (CDEI), UK
Bojana Bellamy, President, Centre for information Policy Leadership

 

13:00 Discussion and wrap up

13:30 Lunch

 

Download the agenda (PDF)
Event details
Date:
11th October 2019
Location:
London, UK
Region:
Europe
Chapter:
UK
County Hall
Belvedere Road
London
SE1 7PB

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