Category Archives: Privacy

It’s not what you don’t say

“Hiring Hazard: Social Media,” The Wall Street Journal, August 6, 2018 B1.  What happens when you hire (or don’t hire) someone with a “history” of social media postings, some of which may now (or then, or both) be viewed as objectionable?

An editorial writer for a major newspaper is found to have written some racist comments.  A director gets booted from Disney for old tweets. Major league ball players get shamed.

Do the Europeans have it right?  Do you have a right to be forgotten?  Or are you stuck with what you said or wrote years ago, provided that it is preserved electronically?  You did say it, in preservable format.

Is this Governance (or self-governance)?  O the nature of Information?  Or Compliance with ever-evolving social mores?

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Filed under Access, Accuracy, Communications, Duty, Duty of Care, Governance, Ownership, Privacy

Value

The value of information can be calculated in multiple ways, from multiple viewpoints.

“My Boss Makes What? (Employees Work Harder If They Know),” The Wall Street Journal, August 6, 2018 R1. Salary transparency makes people work harder.

Is what you make “private”?  Should it be?  Whose interests are served by keeping this information private?  Who owns it, you or your employer?  Do anyone have a duty to keep this private?  Why would your employer want this kept quiet?  To avoid Sally complaining that she works harder/better/faster/quieter than Sue, and should be paid more? Or to keep a competitor enticing Sally away?

Ask yourself why you want to keep your salary private.  Sure, you don’t want marketing agencies targeting you because you’re wealthy, but they probably can approximate your salary anyway.

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Filed under Access, Accuracy, Communications, Controls, Corporation, Culture, Duty, Employees, Governance, Information, Internal controls, Managers, Ownership, Privacy, Third parties, Value

Gee, what could go wrong?

“Facebook Asks Banks for Customer Data,” The Wall Street Journal, August 7, 2018 A1. “[T]o offer new services to users,” Facebook asks banks for “detailed financial information about their customers.”

I can see what’s in it for Facebook, and maybe for the banks.  But isn’t this your information?  Shouldn’t you have some control what the banks do with it?  Are you comfortable with the controls the banks and Facebook will place on this information?  It might be convenient for you, but at what risk?

Do we remember Cambridge Analytica?  Will Facebook try to do this in Europe?

To whom do you complain?  Your elected representative?  Your bank?  The state or federal regulators?

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Filed under Access, Controls, Corporation, Duty, Duty of Care, Governance, Information, Internal controls, Investor relations, IT, Oversight, Ownership, Privacy, Protect assets, Security, Third parties, Uncategorized, Who is in charge?

We didn’t know

Knowledge, or lack thereof, is often a good defense.

“Fiat Says It Didn’t Know CEO was Ill,” The Wall Street Journal, July 27, 2018 B1.  Company says privacy of health care information meant they didn’t know that their CEO had been sick for a year.

Who knew or should have known?  Was this insider information that would affect the value of investments?

Should the Board have known?  Did the CEO have a duty to disclose?  For more than a year!

Governance, Compliance, and Information.  All in one.  Add a dash of privacy.

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Filed under Access, Accuracy, Board, Communications, Compliance, Compliance (General), Compliance Verification, Controls, Corporation, Directors, Duty, Employees, Governance, Inform market, Inform shareholders, Internal controls, Investor relations, Oversight, Privacy, To report, Uncategorized

Tapes and onions

Today, with surveillance cameras everywhere, it’s good to remember that everything you say may be recorded.  Even by someone you trust.  And those recordings turn up.

“Cohen Recorded Talk With Trump,” The Wall Street Journal, July 21, 2018 A1.  Trump’s then-personal lawyer recorded a conversation with then-private-citizen Trump about a story about a Playboy model.

Several different layers of onion involving this tape its creation, its collection by the FBI under a warrant, its production after a court-ordered review, its release to the press, and its impact.  And who owns it, at each stage of the process?  Did Trump know he was being taped?  Was this privileged?  Was the privilege waived?  How and by whom?

I just ask the questions.

 

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Filed under Access, Controls, Discovery, Duty, Government, Internal controls, Lawyers, Legal, Ownership, Privacy, Privilege, Third parties

Privacy breaches

“SEC Takes Close Look At Facebook Data Lapse,” The Wall Street Journal, July 13, 2018 B1. SEC looks at whether Facebook responded appropriately after learning that user data was being used inappropriately.

Is keeping investors apprised of violations of contracts or policies part of your crisis response process?  Even when it wasn’t “your” data that was breached?  Would you have caught this in time to avoid an SEC inquiry?

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Filed under Access, Compliance, Compliance (General), Controls, Corporation, Duty, Duty of Care, Governance, Internal controls, Investor relations, Oversight, Ownership, Privacy, Protect assets, Security, Third parties, To report

Privacy

“Alphabet, Apple Prodded On Privacy,” The Wall Street Journal, July 10, 2018 A3.  Congress asks how Google and Apple use “your” information, such as what you say and write and where you are.

Which is more interesting, the questions or the answers?

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Filed under Access, Controls, Corporation, Definition, Duty, Duty of Care, Governance, Information, Internal controls, Ownership, Policy, Privacy, Security, Technology, Third parties