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Being present for others – a valuable reminder observed at a rest stop

As we approach a new year, I was reminded of an encounter a few years ago that seems particularly appropriate as we reflect on 2024 and how to improve in 2025. Unlike our other posts about the tangible steps to take when building, executing and maturing, and governing a privacy program, this post is about a "softer" skill set – being present for others. As privacy professionals we generally spend our days fighting the clock, executing against a seemingly endless task list and working hard to make a meaningful difference and add value to the organizations we serve. However, sometimes the best way forward is to truly focus with others rather than try to squeeze more out of a day.

After a long week of client activities, ending with three days of productive meetings at an out-of-town client, I faced a 4 hour car ride home. My colleagues drove separately as we started the week in different places. I started the trip home making a mental list of all the work that needs attention this weekend and next week, including catching-up on emails and voice messages. After a couple of hours driving, I stopped at a rest stop on the Penn turnpike that had a food court. After quickly getting a piece of pizza, I sat at a table and then powered up my MiFi and laptop to check email and started checking my voice messages. A few minutes later a man with his young son walked over and sat at the table next to me. The tables were unusually close, and it felt like we were sitting at the same table. The young boy had down syndrome. He needed help opening his drink, cutting his food and tying his shoelace. I could not help but notice the father’s response. He was totally “present” and attended to his son’s needs with patience and care. He engaged his son in non-stop conversation about baseball and their plans for the weekend. His mobile phone lay on the table face down and he never looked at it once, even when his son’s attention strayed. After they finished eating, they departed the same way they walked to their table, hand-in-hand and the son with his father’s undivided attention. It was a great reminder of the importance of being present not only with those that need us in our personal lives but also with our work colleagues and clients.

Being present is a skill that any professional dealing with multiple departments and multiple clients must strive to attain. Multi-tasking when alone is fine and can help maintain progress on numerous fronts. Multi-tasking when engaging with people is a detriment to all. However, in our hyper-connected world, this is a trap that any of us can easily fall into and for some has become the norm. The respectful attention this father paid to his son was a reminder of the same respectful attention we should all strive to show our colleagues and clients. Here’s to being more present in 2025!

Is Australia Aiming at the Wrong Target? Google’s Chief Privacy Officer (CPO) Keith Enright believes so. The land down under is currently considering updates to its national privacy laws and one of key proposals is a standard in the EU’s General Data Protection Regulation (GDPR), the “right to be forgotten” (RTBF). But Australia is putting a specific spin on the RTBF. The proposal specifically targets online search results and stipulates that online search engines provide the ability to de-index search results that contain personal data like medical records, data on children, and exceptionally detailed, out-of-date, inaccurate, misleading, or irrelevant information. Enright says while Google is generally in favor of reform, the company believes it should not be singled out. He said, “We feel strongly that if you are creating a legal right to remove information from the internet, those requests should be directed to the publishers of that content rather than to search engines because, of course, even if it is suppressed from a search engine, that content still exists on the internet elsewhere.” Enright emphasized that Google’s crawlers continuously survey websites. So, if a host site removes the content per a consumer’s request, the issue with the search engine will “correct itself”. On the other hand, the Office of the Australian Information Commissioner says targeting search engines makes the most sense because it can be difficult to remove information at the source. The site may be hosted overseas where Australian law does not apply or domestic sites may ignore takedown requests. While true, there seems to be an argument on both sides. Time will tell how the final law takes shape. https://bit.ly/46m7JPf

Google says Australia’s online privacy law should target websites instead of search engines As country considers ‘right to be forgotten’, firm says it would be more effective to create legal obligations for sites hosting information

FISA Section 702 Under the Microscope – Section 702 of the Foreign Intelligence Surveillance Act (FISA) is currently scheduled to expire at the end of the calendar year. Section 70 allows warrantless surveillance of foreign nationals. While many argue that reauthorization is crucial to the security interest of the United States (US), there is a problem. First authorized by Congress in 2008, Section 702 allowed the FBI to spy on more than 246,000 foreign nationals in 2022. So, it’s working as it should, right? In the course of those investigations the information on 119,000 US citizens was also obtained. And that has some in Congress deeply concerned enough to say they will not vote for reauthorization without significant changes to protect US citizens. Senate Judiciary Committee Chair Dick Durbin said, “I will only support the reauthorization of Section 702 if there are significant – significant – reforms. And that means, first and foremost, addressing the warrantless surveillance of Americans in violation of the Fourth Amendment.” Many are calling on the FBI to obtain warrants for surveillance by showing probable cause. However, Matt Olsen, assistant attorney general of the National Security Division at the Justice Department pushed back saying, “Every judge that’s looked at this issue, every federal judge, including judges on the FISA court have concluded that a warrant is not required under the Fourth Amendment for searching the lawfully collected data that is in the FBI holding.” It seems the debate on this will continue through the summer and it is unclear what reforms the reauthorization will include. But, if we take the lawmakers at their word, it is sure to change dramatically. https://bit.ly/3qTAUcr

Senate Democrats see roadblocks to 702 reauthorization without reforms Senate Democrats are stressing their unwillingness to reauthorize a law that allows for warrantless surveillance of foreign nationals without significant reforms — aligning themselves with many of …