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I’m here at NY State Senate hearing on #S5642 #NYPrivacyAct and will offer some commentary…
@Partnership4NYC opens with testimony that seeks to gut the draft bill to take a far more pro-business stance. They want opt-out instead of opt-in and to strike the private right of action while delaying roll-out to 2 years from 6 months. #S6542
Business Council of New York State prefers federal law and FTC enforcement. Seems to want to narrow concern to data breach rather than address data abuse. They even object to basic data request rights! claiming it’s onerous for business (despite CCPA/GDPR). #S5642
@BrianKavanaghNY asks Business Council of NY if he thinks the business community has made it clear to consumers how they can understand and express their preferences, especially opt-out choices. Witness claims businesses make it easy. (Smirks from heard in the audience.) #S5642
@dianesavino, chair of Committee on Internet & Technology, notes two massive breaches that hit the headlines this morning risking several terrabytes of sensitive data. The discussion today has noted about how businesses face no consequences for these harmful incidents. #S5642
@ConsumerReports is here, first to mention #CambridgeAnalytica, while expressing specific support for #S5642 including need for private action because regulators don’t have the capacity to handle consumer needs for redress and remedy. Suggests broader prohibition of data sharing.
Here’s the livestream of this hearing on #S5642 #NYPrivacyAct. The 5th panel is up next with reps from the City of NY and Brittany Kaiser and I are on panel 7. nysenate.gov/calendar/publi…
Actually this is a panel of lobbyists who will probably ask for the bill to be gutted because inhibiting “innovation” in surveillance capitalism is bad and compliance is too expensive and consumers be dammed because startups. #S5642
Glad to hear that 2 of 3 of the lobbyists on this panel say that their groups generally support the right of access to make data requests. This is progress in industry’s position on this issue which tends to resist this requirement as onerous. #S5642 #NYPrivacyAct
But annoyed to hear industry mouthpieces misrepresent #GDPR as a brand new law with new negative effects while failing to mention that GDPR merely formalized 25 years of European Data Protection laws and enforcement. #S5642 #NYPrivacyAct
@SenKevinThomas asks industry lobby which of their members has fled or plans to flee marketplace due to GDPR or CCPA. None can name a specific industry member who is abandoning a market because of regulatory burdens. #NYPrivacyAct
Now the City of NY panel is up to discuss how the city works on privacy protection issues. #NYPrivacyAct nysenate.gov/calendar/publi…
Assemblywoman Linda B. Rosenthal asks NY City dept if LinkNYC is in violation of its privacy policy on data collection? DoIT says “no” but admits it hasn’t performed an audit and Rosenthal requests an audit to be performed on LinkNYC. #NYPrivacyAct theintercept.com/2018/09/08/lin…
Here are my remarks being given at today’s NY Senate committee hearing on Protecting Consumer Data and Privacy on Online Platforms. #S5642 #NYPrivacyAct #TheGreatHack #DataRights
Of course industry lackey that followed slammed us for using Cambridge Analytica as an example here because it was a “rogue” that ignored the law. These folks who deride us as “privacy advocates” need to read Brittany’s book. #DataRights #NYPrivacyAct
NY ACLU is now up defending need for private right of action and is speaking against the “data as property” approach that Kaiser and others espouse as it will likely undermine privacy and free expression while incentivizing sale expanding inequality. #NYPrivacyAct #DataRights
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