Omer Tene is an Associate Professor at the College of Management School of Law, Rishon Le Zion, Israel, and a legal consultant admitted to practice in Israel and New York. He consults the Israeli government, data protection authority and private sector businesses, including Fortune 100 companies, on privacy, data protection and law and technology. He was appointed by the Israeli Minister of Justice as Member of the National Privacy Protection Council and is a member of the advisory board of the Future of Privacy Forum; European advisory board of IAPP; and Editorial Board of the International Data Privacy Law (Oxford University Press). He headed the Steering Committee for the 32nd annual conference of privacy and data protection commissioners. He is a graduate of the JSD and LL.M. programs at NYU School of Law and received an MBA degree from INSEAD as well as LL.M. and LL.B. degrees from Tel Aviv University. Omer Tene was an associate at the New York office of Debevoise & Plimpton and at the Paris office of Fried Frank and a Senior Research Fellow at the British Institute of International and Comparative Law in London, where he directed the Data Protection Group. He published articles in English, Hebrew and French on privacy and data protection and comparative financial regulation.
Turkey, the land which national poet Nazim Hikmet described as “stretching like a mare’s head into the Mediterranean” is asserting itself as a regional power – economically (with 8% GDP growth; 63 million mobile subscribers; and 30 million Facebook users); diplomatically (with the Arab world in turmoil; Iran isolated; and Israel suffering from listless leadership); and culturally (see the Economist’s review of the Istanbul biennial here).
In a highly important decision, the Tel Aviv District Court annulled this week a forum selection clause in a clickwrap contract, holding the user was not sufficiently aware of the choice of foreign forum nor of the fact he was contracting with a foreign company; and has not clearly consented to such choice.
The FTC’s Do Not Track (DNT) proposal would essentially provide online users with a convenient universal opt-out of …. well, what exactly? Ad targeting? (But then why not call it “Do Not Target”?) Online data collection? (But surely this can’t be true given that online data collection is necessary for various legitimate purposes besides targeting ads).
It’s that time of year and more than 2000 privacy professionals are descending on Washington DC for the grandest of all grand privacy conferences: the IAPP Global Privacy Summit. Government and corporate Chief Privacy Officers (CPOs), data and consumer protection regulators, academics, lawyers and technologists participate in an endless array of professional and social activities in a networking “hop until you drop”.
Hollywood writers could not have scripted it better. Merely a month before the implementation date of the General Data Protection Regulation (GDPR) in May this year, a data protection scandal roils the world. A whistleblower reveals the leakage of personal data from Facebook through Cambridge Analytica to malevolent actors aiming to influence the U.S. presidential elections. What could possibly better illustrate the crucial role of GDPR in an age where data drives not only marketing and online commerce but also fateful issues for democracy and world peace?
One would think privacy was a concept that Justice Antonin Scalia disliked. After all, how could a textualist, who firmly believed in lawyers’ obligation to follow the text, respect a concept as nebulous and blurry edged as privacy? A concept whose very meaning continues to befuddle lawyers, political philosophers and social scientists more than a century after it was introduced into legal jargon by Louis Brandeis, another Supreme Court giant to come?
Facebook's announcement — establishing guidelines, review processes, training and enhanced transparency for research projects — marks another milestone in the emergence of data ethics as a crucial component of corporate governance programs.
With the proliferation of personal data generated from smartphones, apps, social networks and ubiquitous sensors, companies have come under increasing pressure to put in place internal institutional review processes more befitting of academic philosophy departments than corporate boardrooms.
"“Ultimately, regulators and courts will have to decide what is the right balance between individuals’ privacy concerns and businesses’ interest to pursue data-driven innovation,” said Omer Tene, VP and chief knowledge officer at the International Association of Privacy Professionals."
"“I think, realistically, if you’re looking at superpower intelligence agencies, they would be able to access the data regardless of whether it’s stored in a server in Toronto or in Chicago,” said Omer Tene, vice president of the U.S.-based International Association of Privacy Professionals. “There’s very close collaboration between intelligence agencies, and they can overcome bigger technological obstacles than [the border].”"
"Tech companies are rushing to get a seat at the table for a federal data privacy framework that could have major implications for their businesses. The push for regulation is a reversal from tech companies’ longtime approach to resist regulation, and is an effort to preempt the strict California Consumer Privacy Act, said Omer Tene, the vice president and chief knowledge officer of the nonpartisan International Association of Privacy Professionals.
"Omer Tene, veep of the International Association of Privacy Professionals and a member of Privacy Shield's arbitration panel, noted that the complaints procedure has a clear escalation process.
"To the best of my knowledge, there hasn't been a single such case [referred from the European DPAs to the FTC], so before pointing fingers at the FTC for lack of enforcement, it's worth asking whether there have been any complaints," he said."
"“Something of this magnitude getting passed through unanimously in both chambers is really astounding,” said Omer Tene, chief knowledge officer of the International Association of Privacy Professionals, in an interview with Adweek.
For more information and to register please visit: http://www.siliconflatirons.com/events.php?id=1381
What harms are privacy laws designed to prevent? How are people injured when corporations, governments, or other individuals collect, disclose, or use information about them in ways that defy expectations, prior agreements, formal rules, or settled norms? How has technology changed the nature of privacy harm?
Solutions to many pressing economic and societal challenges lie in better understanding data. New tools for analyzing disparate information sets, called Big Data, have revolutionized our ability to find signals amongst the noise. Big Data techniques hold promise for breakthroughs ranging from better health care, a cleaner environment, safer cities, and more effective marketing. Yet, privacy advocates are concerned that the same advances will upend the power relationships between government, business and individuals, and lead to prosecutorial abuse, racial or other profiling, discrimination, redlining, overcriminalization, and other restricted freedoms.
The Future of Privacy Forum, in partnership with the Application Developers Alliance and the Stanford Center for Internet and Society, will host the App Developer Privacy Summit to discuss “The Complex App Ecosystem.” The event will examine the important privacy challenges and opportunities facing the app ecosystem and will include app developers, platforms, advertisers and privacy experts who will discuss how to ensure a trusted consumer environment for continued growth in the dynamic app market.
Video of the first session from the Big Data & Privacy: Making Ends Meet conference held on September 10, 2013. The event was co-hosted by the Future of Privacy Forum and Stanford Law School's Center for Internet and Society.
Professor Omer Tene, privacy expert in law and technology, sat down with TAP to discuss the risks big data poses to privacy and the challenges to existing privacy rules. Additionally, he proposes enabling individuals to have useful access to their data.