Europe’s new privacy law, the General Data Protection Regulation (GDPR) will enter into force in May 2018. Understandably, given that data breaches and privacy violations have been in the headlines lately -- and given that the GDPR will reshuffle privacy protection in Europe and beyond -- many in the United States are looking to the GDPR for ideas of what to do - and what not to do. We think that it would be impractical and ineffective to copy and paste the GDPR to U.S. law -- the institutions and legal systems are just too different.
Facebook and Cambridge Analytica. By now we know the basic facts: Aleksandr Kogan, purporting to be a researcher, developed an authorized Facebook application. As was Facebook’s practice at the time, when users connected the app to their Facebook accounts, the app scooped up not only the users’ personal information, but also their friends’ personal information. In this manner, Dr. Kogan was able to amass information about 50 million Facebook users – even though only 270,000 individuals used the app. Dr. Kogan then, exceeding his authorized use of the data, funneled that information to Cambridge Analytica, a firm that purported to engage in “psychographics” to influence voters on behalf of the Trump campaign.
For nearly three months last summer, the sensitive personal data of more than 145 million American consumers was exposed to bad actors thanks to some “ham-fisted” behavior on the part of credit reporting giant, Equifax. Americans were outraged, and lawmakers began to scrutinize Equifax’s behavior during the breach, including three Equifax senior executives selling shares worth almost $1.8 million in the days after the company discovered the hack.
Today the White House released the Vulnerabilities Equities Policy and Process (VEP) Charter. The Charter establishes a Vulnerabilities Equities Review Board to oversee the government’s disclosure of vulnerabilities that are not publicly known in information technology products and systems. Public Knowledge commends the government for increasing the transparency of its approach to disclosing hardware and software vulnerabilities.