Category: Ethics

Ethics Information Security Privacy

FTC Issues Opinion and Order Against Cambridge Analytica For Deceiving Consumers About the Collection of Facebook Data, Compliance with EU-U.S. Privacy Shield

By Rafael Moscatel, CIPM, CRM, IGP on

The Federal Trade Commission issued an Opinion finding that the data analytics and consulting company Cambridge Analytica, LLC engaged in deceptive practices to harvest personal information from tens of millions of Facebook users for voter profiling and targeting. The Opinion also found that Cambridge Analytica engaged in deceptive practices relating to its participation in the EU-U.S. Privacy Shield framework.

In an administrative complaint filed in July, FTC staff alleged that Cambridge Analytica and its then-CEO Alexander Nix and app developer Aleksandr Kogan deceived consumers. Nix and Kogan agreed to settle the FTC’s allegations. Cambridge Analytica, which filed for bankruptcy in 2018, did not respond to the complaint filed by FTC staff, or a motion submitted for summary judgment of the allegations.

The FTC staff’s administrative complaint alleged that Kogan worked with Nix and Cambridge Analytica to enable Kogan’s GSRApp to collect Facebook data from app users and their Facebook friends. The complaint alleged that app users were falsely told the app would not collect users’ names or other identifiable information. The GSRApp, however, collected users’ Facebook User ID, which connects individuals to their Facebook profiles.

The complaint also alleged that Cambridge Analytica claimed it participated in the EU-U.S. Privacy Shield—which allows companies to transfer consumer data legally from European Union countries to the United States—after allowing its certification to lapse. In addition, the complaint alleged the company failed to adhere to the Privacy Shield requirement that companies that cease participation in the Privacy Shield affirm to the Department of Commerce, which maintains the list of Privacy Shield participants, that they will continue to apply the Privacy Shield protections to personal information collected while participating in the program.

In its Opinion, the Commission found that Cambridge Analytica violated the FTC Act through the deceptive conduct alleged in the complaint. The Final Order prohibits Cambridge Analytica from making misrepresentations about the extent to which it protects the privacy and confidentiality of personal information, as well as its participation in the EU-U.S. Privacy Shield framework and other similar regulatory or standard-setting organizations. In addition, the company is required to continue to apply Privacy Shield protections to personal information it collected while participating in the program (or to provide other protections authorized by law), or return or delete the information. It also must delete the personal information that it collected through the GSRApp.

The Commission voted 5-0 to issue the Opinion and Final Order.

Rafael Moscatel, CRM, IGP, is the Managing Director of Compliance and Privacy Partners, LLC. Reach him at 323-413-7432, follow him on Twitter at @rafael_moscatel or visit http://www.capp-llc.com to learn more.

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Ethics GDPR Information Governance Privacy Professional Development

UPCOMING PRIVACY WORKSHOP IN LA 7/31: Leveraging a GDPR Compliance Investment for CCPA / Privacy By Design

By Rafael Moscatel, CIPM, CRM, IGP on

UPDATE: Presentation Slides Included Below

ARMA-GLA Summer Spotlight Workshop

LEVERAGING A GDPR COMPLIANCE INVESTMENT FOR CCPA / PRIVACY BY DESIGN WORKSHOP

Part I – Join European attorneys and privacy compliance experts from Brussels based law firm Ethikos to learn how to leverage GDPR compliance investments for California’s new Consumer Privacy Act. In this presentation they’ll review key data protection concepts and privacy by design strategies already in place across the EU and explain how they’re now spreading throughout the United States. Find out what you need to know about the rules of transferring data and records internationally, PII records retention requirements, rules for managing content on customer facing websites and the impact of these new records management guidelines in contract negotiations.

SELECT THE LINK BELOW TO VIEW THE WHOLE  PRESENTATION.

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Part II – Meet solutions engineers from Active Navigation who will show you real world examples of how state of the art privacy software helps apply concepts and rules from GDPR and CCPA directly into an information lifecycle program. Learn about machine learning classification, consent validation, uncovering dark data and many more intricacies of implementing a privacy framework as part of your Information Governance roadmap.

Presenters

Miguel Mairlot, Ethikos Law Firm, Brussels

Miguel Mairlot is a trusted compliance expert, with significant breadth of experience across Europe. He provides clients with advice and support on all aspects of their compliance program. His areas of expertise include Asset Management, Wealth and Insurance businesses to cover cross-border regulatory issues, risk management, contractual documentation and product development, advising and influencing senior stakeholders at executive committee level, enabling them to meet their responsibilities across a range of group policies and local requirements, including MiFID II, GDPR, AML, ABC and Sanctions. Before Ethikos, Miguel has worked for prestigious international law firms and financial institutions as Head of Compliance. Miguel speaks English, French, Dutch and is a Certified Compliance Officer (Febelfin Academy) since 2013 and a Data Protection Officer. He has written and spoken widely on compliance and financial law topics and teaches at the Cooremans Institute. He also serves on the Editorial Board of “la Revue de Droit Bancaire et Financier”.

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Artificial Intelligence Ethics Information Governance Privacy

20 Years After Google: In Search of a Better Way to Search

By Rafael Moscatel, CIPM, CRM, IGP on

From its inception the internet has always been about search…. searching for that answer, that perfect example, that one you love? But search has also changed the way we think about information, about primary sources and really about each other in wildly different ways that aren’t always, well….helpful.

In the wrong data steward’s hands the integrity of our records and information, both in the style and context in which it is delivered, can be easily and unfairly distorted. This has worsened over time and is horrifying when you consider the extent of “deep fakes,” “fake news” and other purposeful misleading propaganda being spread. A trend towards misinformation and bias is clearly what has happened over time with Google’s search results and it’s having disastrous unintended consequences on the pursuit and preservation of knowledge, wisdom and the humanities around the entire world.

With exciting new A.I. tools like Alexa and Siri becoming commonplace, search has entered a second renaissance and results have even more power to shape hearts and minds. Yet nobody, no one monopoly, should be in the business of brokering access to facts or opinions.

We need new tools that deliver intelligent results that protect the privacy of its users and promote resources which enrich our lives, communities and world around us without exploiting our vulnerabilities.

With proper regulation of monopolies like Google there’s going to be a better way to find what you “need” without being subtly persuaded how to believe and incessantly pestered about what you should “want” along the way. In other words, a return to search that offers a wealth of information minus manipulation.

True search results should provide access to knowledge you can rely on for personal, professional and academic growth. A search engine should steer you away from groupthink and encourage critical thinking, not bully you into becoming a “follower.” We need independent thinkers to reclaim their independence as information consumers, as teachers and students, as citizens, as moms, dads, brothers, sisters and yes, even as politicians. After all, the internet has the power to be the great equalizer in spreading knowledge. But that knowledge can only bring light to our present darkness if it can shine through the praetorian ideologues that have begun to guard its boundless prism.

Google was perfect for its time and helped both connect and open the world to itself. Yet now, as our collective tastes become more refined, we realize our search time is equally as valuable as increasingly for-profit algorithms. Rather than wasting another moment sifting through information curated through a corporate or political filter, knowledge seekers should demand to be able to create their own!

We deserve new tools that deliver intelligent results that protect the privacy of its users and promote resources which enrich our lives, communities and world around us without exploiting our vulnerabilities.

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Artificial Intelligence Data Governance Ethics Information Governance Information Technology Professional Development

Book Review: Infonomics – How to Monetize, Manage, and Measure Information As An Asset For Competitive Advantage by Douglas B. Laney

By Rafael Moscatel, CIPM, CRM, IGP on

Are CFO’s finally ready to heed the advice of their Chief Data Officers and begin adding information assets to the balance sheet?

Although the commonly used quote “There is nothing more powerful than an idea whose time has come.” is regularly and erroneously misattributed to Victor Hugo, originating from his account of the French coup d’état of 1851 that brought Napoleon III to power, I feel it’s almost appropriate for Douglas B. Laney’s passionate argument on Infonomics. It’s an idea he’s been meticulously developing and arguing for almost two decades and has at last fully articulated in his latest book published by Taylor & Francis entitled Infonomics: How to Monetize, Manage, and Measure Information As An Asset For Competitive Advantage. Laney previously published his thoughts on Infonomics in Forbes back in 2012.

This brilliantly researched book, supported by industry giant Gartner, is steeped in both a mastery of information technology as well as economics, in particular accounting methodology and complementing business disciplines that range from supply chain economics to compliance frameworks.

Laney, with brevity and unfailing pragmatism, weaves his impressive understanding of the business of information, it’s flow and it’s enormous potential into a convincing pleading that I believe is a must read for not just the aspiring digerati, but any CFO, Chief Data Officer or executive hoping to survive and thrive in the Information Age.

Continue reading “Book Review: Infonomics – How to Monetize, Manage, and Measure Information As An Asset For Competitive Advantage by Douglas B. Laney”

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Data Governance Ethics GDPR Information Governance Privacy

The Olympics of Privacy in Brussels!

By Rafael Moscatel, CIPM, CRM, IGP on

Debating Ethics: Dignity and Respect in Data Driven Life, the 40th Annual Conference of Data Protection and Privacy Commissioners

Two Americans walk into a EU Privacy Conference…

Just a few weeks ago, a colleague reached out and reminded me “the Olympics of Privacy” were being held at the EU Parliament in Brussels in late October, and also if I’d like to attend. Well, how the heck am I supposed to turn down an invitation like that? After all, this is the year of GDPR, the NYDFS, the new California Privacy legislation and the ICDPPC has leaders like Mark Zuckerberg, Sundar Pichai, Tim-Berners Lee, Jagdish Singh Khehar and even the King of Spain all lining up to share their thoughts.

We want to stimulate an honest and informed discussion about what digital technology has done and is doing to do to us as individuals and as societies, and to consider future scenarios. We want to better understand the impact of technology on people of all generations, in all parts of the world, including the way people think, interact with others, develop their opinions, create art and write, how they buy and sell and how they participate in civic life.  – Privacy Conference Statement

Mark and Sundar are likely showing up because they realize the stiff penalties now associated with data security and privacy violations and the rest of the speakers realize that we are on the cusp of a digital and ethical revolution of sorts, one which will affect generations to come. In fact, Debating Ethics: Dignity and Respect in Data Driven Life is probably the most important privacy conference of the 21st century. My wife Abby Moscatel, an attorney and ethicist heard about this lineup and quickly said, yeah… I’m coming with you to this one!

Continue reading “The Olympics of Privacy in Brussels!”

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Archives Ethics

Congratulations to Manual Arts High Eleanor Moscatel Scholarship Winner Nicky Lopez!

By Rafael Moscatel, CIPM, CRM, IGP on
Manual Arts High School

Eleanor Moscatel and a classmate practicing archery, circa 1950s
Eleanor Moscatel and a Manual Arts High classmate practicing archery, circa 1950s

Congratulations 2018 Scholarship Recipient Nicky Lopez!

This annual academic scholarship was established in honor of Eleanor Moscatel, a graduate of the Manual Arts High School Class of 1949. Her multifaceted and successful career, from Actress to Entrepreneur and Real Estate Maven spans seven decades and includes important cultural and social service contributions to both the city and the people of Los Angeles. Her story is one of education, experience, patience and self-reliance. Essays were judged based on sincerity and clarity of thought and seeks to reward students who not only believe in self-reliance, but also can articulate in 500 to 1000 words, an experience in their lives where one door of opportunity may have closed but where another one opened because of their perseverance and commitment to a goal. Congratulations again Nicky and good luck on your academic and life journey!

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Archives Data Governance Ethics GDPR Information Governance Information Technology Privacy

You Think You Don’t Know Enough About GDPR? You Are Right and Here’s How

By Rafael Moscatel, CIPM, CRM, IGP on

The EU has taken the first step in protecting the data and privacy of its residents. Through the enactment of the General Data Protection Regulation (GDPR), people are now able to have the protection they are looking for online. This means changes for businesses everywhere that are planning to reach consumers in the EU.

Companies need to look at the way that they are handling the personal data of their customers and have an action plan in place to ensure their privacy is protected. Without a strong understanding of what the GDPR means and how it affects your business, you could find yourself in a situation with the EU that you didn’t count on.

Fifteen members of Forbes Technology Council discuss some of the more unexpected consequences of the new GDPR regulation. Here’s what they had to say:

1. Restriction Of Privacy And Innovation

GDPR is the latest version of Y2K compliance — long on speculation and fear, short on reality. In my opinion, regional enforcement of global technology is an impossibility and will restrict — not enhance — privacy, freedom and innovation. The result will be regions of non-compliance (GDPR havens), enormous expense and uncertainty. – Wayne Lonstein, VFT Solutions

2. Roadblocks For Blockchain Data Storage

GDPR could impact the decisions and data sets being stored and collected in emerging private and public blockchains. This may create roadblocks for companies looking to embrace blockchain to store any data that may fall under GDPR. – Aaron Vick, Cicayda

3. Opt-In Fatigue

One of the most unexpected consequences of GDPR is the wave of new regulations in jurisdictions outside of Europe, including California, New York and perhaps soon in Asia. Another unintended impact is “check the box” fatigue where opt-in consent language is presented so frequently on websites and apps that consumers don’t read the consents and just check the box, waiving their privacy rights. – Silvio Tavares, CardLinx Association

4. Poor Customer Service

One GDPR byproduct distortion or unintended consequence is excessive regulation leading to poor customer service. The pendulum has swung too far and will be moderated by citizen feedback. – Jeff Bell, LegalShield

5. Small Businesses Getting Hurt

The companies that are best prepared for GDPR are the big ones: Facebook, Google, Amazon — those that have the money to pour into their tech and legal teams for ultimate compliance. The small and medium-sized businesses, however, may be less prepared, making them more vulnerable to potential fines and penalties. – Thomas Griffin, OptinMonster

6. The Slow Death Of Free Services

If a service is free, then your data is the product. We all love using Facebook, YouTube and the many other social media platforms. However, we fail to realize how these businesses operate. If regulations strangle business, then the alternative is a paid model. Just look at YouTube and how it’s strugglingwith its paid subscriptions. – Daniel Hindi, BuildFire

7. Talk About Similar Regulation In The U.S.

The most unintended consequence has been the multitudes of discussions about a similar impending regulation in the U.S. In fact, reading between the lines of Facebook’s testimony to Congress, it is clear to me that tech leaders realize more care ought to be given to sensitive data, and users should have more rights. They are preparing for coming regulation stateside. – Michael Roytman, Kenna Security

Read more on Forbes:

https://www.forbes.com/sites/forbestechcouncil/2018/08/15/15-unexpected-consequences-of-gdpr/#2ce5537f94ad 

 

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Archives Ethics Professional Development

3 Timeless Business Lessons from a Real Life Superwoman

By Rafael Moscatel, CIPM, CRM, IGP on

My Mother is 86 and doesn’t have a LinkedIn profile. But if she ever did, her headline would read something like… “Former ingenue, entrepreneur, dreamer, and the rest is none of your damn business, honey.” But to those who’ve had the privilege to know her over the decades her mantra has always been, quite simply, to treat everybody with dignity!

Here are 3 timeless business lessons she’s taught me to go along with that mantra.

3. The worst “they” can say is “no.” – Opportunities were not exactly flowing in depression-era Los Angeles, but that didn’t stop one young lady from putting herself out there. She helped my father through chiropractic school by working long hours as a Hollywood extra throughout the 50’s and 60’s. Though never quite achieving stardom she knocked on enough doors to get a lot of work, save some seed money and establish relationships that would eventually transform her life. Mom leveraged her new, tough shell to find opportunities, sell her strengths and laugh off rejection.  “It’s no big deal,” she constantly told me as a kid. At the end of the day you should never be afraid to ask for what you want because the absolute worst “they” can say is no. And you still get to keep your dignity.

2. Get everything in writing. – Unurprisingly, Mom had to learn this lesson like most of us… the hard way. This was the mid-century after all and commonplace to make agreements on a handshake. But it only took a few rotten deals for her to realize that keeping good records was key to helping a business stay on track and prospering. Putting it in writing lets the other person know that you need to be, and you will be, treated with dignity.

1. Don’t burn your bridges. – The keyword in the old adage that you can’t make a lot of money without making a few enemies is few. Just as one door opens and another closes, Mom never wanted to find herself in a new room with an old enemy. By treating everybody with dignity she managed to avoid burning many bridges. And for every bridge she burned, she’s probably built a thousand more. When a job or a deal doesn’t go your way, take the high road and don’t make it personal. You never know what the future brings or who might be bringing it.

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Mom’s success, not just in business, but among the people she calls colleagues, friends and family is based on dignity. And while there were many times in her life where she was unfairly treated, put at a disadvantage and rejected, she never forgot that. I guess that’s why I never had much of a problem following the 5th Commandment. Anybody remember that one?

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Business Processes Ethics Information Technology Privacy

Digital Bondage and the Fallacy Of Work-Life Integration

By Rafael Moscatel, CIPM, CRM, IGP on

Forget your elder’s sage advice on maintaining a good work-life balance. There’s a new patently absurd approach (promoted here by the time-strapped PhD’s at Berkeley Haas), and it’s spreading like wildfire throughout the business world. They call it… “Work-Life Integration!”

Digital Bondage

The term “Work-Life Integration” is so misleading because at this point we’re all enduring an increasing degree of overlap between our personal and professional lives. It may be sold to us as “convenience” but much of it is not exactly “optional.” This obsessive and all-in-one approach to time-management ends up usurping the little personal, spontaneous and family time we still have left.

It reminds me a little of Chris Rock’s famous bit on “Job v. Career.”

But not everybody is as fortunate as Chris and there’s a bigger impact to his lifestyle than he’s letting on in the above clip. And so “Work-Life Integration” also makes me think about Cecil DeMille’s classic The Ten Commandments and the famous scene where a worker is about to be trampled by a giant stone moved by “her colleagues.” Moses’ character, played by Charlton Heston, comes down from his managerial pedestal to save the poor soul, who later turns out is his own Mother! It’s a metaphor for how easily, often and unfairly, we as society, put work before family, friends and for believers, even God. And when it negatively impacts others it is arguably immoral.

I was most recently educated on this 24/7 mindset by an executive who boasted, “Say I’m on flight to Hawaii with my family for the weekend, and I’ve got to approve a purchase order for half-a-million. I can do it right here from my iPhone!” Well, that’s nice, but it highlights the disconnect between those who literally have the world at their fingertips and those who get interrupted with email from their boss on the weekends. The same technology fix that feeds the workaholic is now invading the space of almost everyone, not just the guy or gal with a “career.” It’s affecting their partner, their children, their social circle, people on the road. And in many cases it is invasive, counter-productive and unhealthy for the family and the self. Do we really want to live in digital bondage?

In many ways, this digital bondage is reminiscent of the days when men and women of all ages built the Pyramids until they dropped dead. Sure, the Pyramids still stand as a testament to architecture and ingenuity, but to many they will also always represent a chapter in history when there was seldom a break from work. Luckily today we have a choice.

We must stand firmly behind the importance of rest and personal space. Sure, working remotely through technology has given us flexibility. There’s no denying that. But half-baked ideas like “Work-Life Integration” have adversely impacted the very relationships and working-conditions they were meant to improve.

Some in the Jewish faith believe that one of the Ten Commandments, to observe a day of rest on the Sabbath, is a cornerstone of not just spiritual growth, but what ultimately may lead to success in other areas of one’s life. Most cultures share this important value but as it erodes across the globe and the lines between work and rest are blurred, we all suffer.

Stay off the devices this weekend as much as you can. Find true balance by freeing yourself from digital bondage.

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Archives Ethics

The Most Important Records In The World Are Our Fondest Memories

By Rafael Moscatel, CIPM, CRM, IGP on
Ray Moscatel - 1952 Seattle Chieftains

My father turns 86 years old today. Like many of his generation, he has great pride in the achievements and potential of the human race, its awesome computing power and the marvelous scientific inventions it has recently given birth to. His memories are rich and full of detail, but the records that are most important to him are those that tell the story of his family, that remind him of the ones he loves. It’s wonderful that we now have so many new ways of creating and sharing those records, but for me it has always been the content that defines a good record, not the container it comes in.

Seattle U in NYC 1950s

Dad’s life has been subtle and yet epic. He was part of the first college basketball game where opposing teams scored over 100 points. In 1952, the same squad from Seattle University overcame Goose Tatum’s Harlem Globetrotters in a historical buzz beater. In his later years, he developed incredible friendships with great talents, helped elect a Governor and built a fine career as a doctor. While I may never experience all that my Father has, making sure I preserve his records helps the whole family appreciate not just Dad, but what Dad and Mom represent, the importance of hard work, self-reliance, treating everybody with dignity and the spirit of living life to its fullest.

It’s that poise and perspective that has always served Raymond Moscatel well in life and why I believe that at the end of the day, the only information and data that matters are the records that remind us of the people we love and how lucky we are to live another day together. Everything else on the periphery is more or less a minor detail that will ultimately be lost to our collective history.

Keeping good family records, whether they be old movies, the family tree, scrapbooks or diaries is as critical to maintaining a family’s legacy as vital records are to corporations. By collecting and preserving these records we help pass on, not just the amazing stories and experiences of our ancestors, but their values, their compassion, and contextual reminders of what really matters in life.

Happy Birthday, Dad. To me you will always be the most interesting man in the world.

-Rafael Moscatel

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Business Processes Ethics Information Governance Information Technology Records Management Records Retention Policy

The Paperless Office

By Rafael Moscatel, CIPM, CRM, IGP on

By Rafael Moscatel

The extent to which any organization can reduce its dependency on paper is largely determined by laws and the industry regulations it faces, the technology available to it and how well its leaders manage change, internally as well as for customers.

Here are some thoughts on how to begin solving the paper problem around your office:

Understand the affordances of paper – One of the most thorough examinations of the issue of paper and its role in our lives and workplaces came in 2002 when MIT press published The Myth of the Paperless Office.  The book’s findings make a case for the “affordances of paper” and stress that to reduce paper production and consumption we must understand the underlying habits and processes driving how our clients and colleagues work.

Attorneys for example often require a contextual or “case at a glance” perspective that a chronological or issue focused file offers… a “story telling” approach to presenting information which can’t always be matched even with the best software. Similarly, auditors or project managers will often work with and create aggregated records which serve a specific purpose for which imaging might be overkill or too costly. And contrary to popular belief, there still exist quite a few scenarios where it remains more affordable, practical and efficient to even store information in paper form. Conversion costs and risks required to maintain the digital lifecycle of infrequently referenced documents and avoid bitrot* can often exceed those associated with retaining the same materials in paper form.

Make the right policy changes with executive level support – Every Records or Information Governance policy initiative or project your business undertakes should have senior level executive support and reflect the best practices within your industry.

Here are some policy and procedural ideas to consider that can act as catalysts for change.

  • Get a Retention Policy / Schedule, implement it and regularly enforce it -A Retention Schedule (often in line with a data map) is the most effective tool for properly managing records and information and its necessity cannot be understated.  It not only protects an organization and keeps paper and electronic storage costs low, it gives executives a tool for understanding and navigating the massive network of silos and records their businesses create.
  • Institute an E-signature Policy for all contracts under a specified financial threshold
  • De-duplicate emails and all other electronic content repositories systematically
  • Identify where duplicates are created, determine why and what can be done to prevent them going forward
  • Take a “final draft and / or executed version” approach to your document lifecycle rules Continue reading “The Paperless Office”
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