40th Annual Data Protection Conference

Reflections on the 40th Annual International Conference of Data Protection and Privacy Commissioners

Guest Post by Abby Moscatel

It’s been about a week since Rafael and I returned from Europe, where we attended the 40th International Conference of Data Protection and Privacy Commissioners at the European Parliment’s Hemicycle in Brussels, Belgium.

The thought leaders posed the single most important question facing us today: What kind of world do we want to live in? You see, we are at the tipping point where the internet will know more about us than we know about each other, or even ourselves. And yet there is no recognized universal ethical and moral code for how we deal with all of the data that is being collected about us. How do we handle it? Right now, Data Kings hold the cards. Companies provide free services to gather our information.

Apple CEO Tim Cook was correct when he said that we are now in a time where our data is being weaponized. We see it in our news feeds. No matter what you believe, you get socials and content that affirms your position, and makes the opposite position something you must resist.

Tim Cook at the 40th Annual Conference of Data Protection Comissioners

Hong Kong artificial intelligence researcher Pascale Fung was also right when she said that unless we get all of the world leaders together, it won’t matter.

Now, we have the GDPR. And, here in the US, we are starting to get patchwork legislation, like the California Consumer Privacy Act, heavily resisted by Big Tech in favor of a federal privacy law.

I want to live in a world where I own my data, control access to my data, and where I can delete my information. If a company or individual breaks a law, then I want a private right of action. Most importantly, I want to live in a world where we have a universal agreement on digital ethics.

What kind of world do you want to live in?

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 ZuckerbergSundar 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!

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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!

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 LonsteinVFT 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 VickCicayda

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 BellLegalShield

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 GriffinOptinMonster

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 RoytmanKenna Security

Read more on Forbes:

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

 

Had a terrific time presenting my Case Study on Information Governance at Farmers Insurance in Chicago this year. If you missed me, please check out the deck below!

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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?

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.

Honored to learn that PBS recently screened our film on the Golden Age of Radio. Thanks again Stanford University, George T. Marshall, the RIFF and Abby J. Moscatel for the opportunity to share this story leveraging the Doctrine of Fair Use!

Earlier this month, Farmers Insurance Group, Inc. was honored with the highest award for Records Management and Information Governance, “Excellence for an Organization,” by ARMA International. The award recognized the achievements that our organization has made in the implementation and enhancement of our Records and Information Governance program as defined by the Generally Accepted Recordkeeping Principles® and the ARMA Maturity Model®. ARMA announced the award in InfoPro Magazine and at the ARMA Live Conference in Orlando.

ARMA 8

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

Very proud to be featured by ARMA’s Info Pro publication this month!

Jun 15, 2016

ARMA received the following nomination from April Dmytrenko, CRM, FAI, for the Member Spotlight:

Meet Rafael Moscatel, IGP, CRM

Rafael Moscatel is a Certified Records Manager (CRM) and Information Governance Professional (IGP) with more than 20 years of experience implementing world-class records retention, data governance, and compliance programs for large enterprises. He designed process transformations, led team-building efforts, and spearheaded change management initiatives in a variety of complex and highly regulated industries. His expertise includes developing document management strategies, decommissioning legacy systems, performing risk assessments, and performing audit remediation.

Rafael truly understands his field and specifically IG and technology. He was instrumental in rolling out the enterprise-wide program at Paramount Pictures. Now he is working for Farmers Group, where he has established an outstanding IG framework from which to continue to support an effective program. He is proactive, strategic, and not only a talented RIM professional but an excellent business professional. He develops outstanding collaborative relationships, understands the value of senior management support and involving the business units, and is a strategic risk taker.

Moscatel lives and works in Los Angeles. He serves as the director of information governance for Farmers Group, Inc. He has been an ARMA member for 12 years.

As you can tell, Rafael is a great fit for the Member Spotlight, an honor meant to recognize members’ involvement within the profession and the association. If you would like to network with him, you can contact him through LinkedIn www.linkedin.com/in/rafaelmoscatel or at rafaelmoscatelcrm.wordpress.com

Read More Here….

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 Read More
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