PRIVACY PAPERS FOR POLICYMAKERS 2018 February 6, 2019 We are pleased to introduce FPF’s ninth annual Privacy Papers for Policymakers. Each year, we invite privacy scholars and authors to submit scholarship for consideration by a committee of reviewers and judges from the FPF Advisory Board. The selected papers are those judged to contain practical analyses of emerging issues that policymakers in Congress, in federal agencies, at the state level and internationally should find useful. This year’s winning papers examine a variety of topical privacy issues: • One paper focuses on sexual privacy abuses (Citron). The paper argues for the removal of some platform immunity and implementation of federal and state penalties to combat sexual privacy violations. This material is based upon work supported • Another paper grapples with how privacy is implemented during the design stage of technology by the National Science Foundation under and introduces a framework for incentivizing companies to bring privacy to the forefront of their Grant No. 1837413. business (Waldman). • A third paper suggests filling gaps in federal and state privacy laws regarding government surveillance and fair information practices by looking to local statutes, while arguing that certain local laws should prevail against federal and state preemption (Rubinstein). • Other papers focus on European privacy law and data subject rights. One paper investigates the results of an empirical study of data access requests, and finds that while access rights usually are not adequately accommodated, there are other potential solutions for controllers to improve the efficacy of access rights requests (Ausloos & Dewitte). • Another paper argues that the right to an explanation under GDPR is unlikely to remedy harms stemming from machine learning algorithms (Edwards & Veale). Instead, the authors suggest that other elements of GDPR, including the right to erasure, the right to portability, and privacy by design principles, could better address these concerns. For the third year in a row, we are proud to continue highlighting student work by honoring another excellent article. The winning paper (Bashir & Wilson) offers a novel approach to understanding the advertising and analytics landscape. We thank the scholars, advocates, and Advisory Board members who are engaged with us to explore the future of privacy. Sincerely, Christopher Wolf Jules Polonetsky Senior Counsel, Hogan Lovells LLP CEO Chairman, FPF Board of Directors Privacy Papers for Policymakers 2018 1 Future of Privacy Forum Advisory Board Alessandro Acquisti John Breyault Alyssa Harvey Dawson Meredith Grauer Cameron Kerry Michael McCullough Associate Professor of Information Technology Vice President, Public Policy, Telecommunications General Counsel Chief Privacy Officer Senior Counsel Chief Privacy Officer & Vice President Enterprise & Public Policy and Fraud Sidewalk Labs, LLC The Nielsen Company Sidley Austin LLP Information Management National Consumers League Carnegie Mellon University's Heinz College Laurie Dechery Kimberly Gray Damien Kieran Macy's Inc. Nicholas Ahrens Jill Bronfman Associate General Counsel Deputy General Counsel, Chief Privacy Officer Data Protection Officer, Legal William McGeveran Vice President, Privacy and Cybersecurity Privacy Counsel Lifetouch, Inc. IQVIA Twitter Associate Professor Common Sense Media Retail Industry Leaders Association Michelle Dennedy Woodrow Hartzog Stephen Kline University of Minnesota Law School Sharon Anolik Stuart Brotman Vice President, Chief Privacy Officer Professor of Law and Computer Science Vice President - Independent Privacy Risk and Christin McMeley President Howard Distinguished Endowed Professor of Media Cisco Systems Inc. Northeastern University School of Law Chief Privacy Officer Senior Vice President , Chief Privacy and Legal Management and Law and Beaman Professor of American Express National Bank Privacy Panacea Carol DiBattiste Information Security Officer Communication and Information Eric Heath Annie Antón General Counsel & Chief Privacy and People Officer Anne Klinefelter Comcast Cable University of Tennessee, Knoxville Chief Privacy Officer Associate Professor of Law, Law Library Director Professor of Computer Science comscore Ancestry David Medine Bill Brown University of North Carolina Georgia Institute of Technology Erin Egan Consultant Senior Vice President and Chief Information Rita Heimes Senior Policy Advisor and DIrector, Privacy Fernando Laguarda Consultative Group to Assist the Poor Justin Antonipillai Security Officer Research Director, Data Protection Officer Facebook, Inc. Faculty Director, Program on Law and Government Chief Executive Officer Houghton Mifflin Harcourt IAPP - International Association of Privacy Carlos Melvin American University Washington College of Law WireWheel Keith Enright Professionals Managing Director, Global Privacy J. Beckwith Burr Member, FPF Education & Innovation Foundation Director, Global Privacy Legal Starbucks Jocelyn Aqua Deputy General Counsel and Chief Privacy Officer Eileen Hershenov Board of Directors Google Principal, Regulatory Privacy & Cybersecurity Neustar General Counsel Douglas Miller Michael Lamb PricewaterhouseCoopers LLP Patrice Ettinger Wikimedia Foundation Vice President, Global Privacy Leader Andrew Burt Global Chief Privacy Officer Chief Privacy Officer Vivienne Artz Chief Privacy Officer & Legal Engineer Beth Hill RELX Group Verizon Media Chief Privacy Officer Immuta Pfizer, Inc. General Counsel, Chief Compliance Officer Barbara Lawler Tom Moore Refinitiv Joshua Fairfield Ford Direct Ryan Calo Vice President, Chief Privacy and Data Ethics Chief Privacy Officer Professor of Law Jonathan Avila Associate Professor of Law Dennis Hirsch Officer AT&T Services, Inc. Washington & Lee University Vice President, Chief Privacy Officer University of Washington School of Law Professor of Law, Faculty Director, Program on Data Looker Data Services Keith Murphy Wal-Mart Stores Inc. Debra Farber and Governance Sam Castic Peter Lefkowitz Senior Vice President Government Relations Senior Director, Privacy Strategy Ohio State University Stephen Balkam Senior Director Privacy & Associate General Counsel Chief Privacy & Digital Risk Officer & Regulatory Counsel BigID Chief Executive Officer Nordstrom Inc. David Hoffman Citrix Systems Viacom Family Online Safety Institute Ann Fealey Associate General Counsel and Global Privacy Officer Ann Cavoukian Yafit Lev-Aretz Alma Murray Global Head of Privacy Compliance Kenneth Bamberger Executive Director, Privacy and Big Data Institute Intel Corporation Assistant Professor of Law, Zicklin Business School, Senior Counsel, Privacy Citigroup The Rosalinde and Arthur Gilbert Foundation Ryerson University Lara Kehoe Hoffman Baruch College Hyundai Motor America Professor of Law Lindsey Finch Mary Chapin Global Director, Data Privacy and Security City University of New York Kirsten Mycroft University of California Berkeley School of Law Senior Vice President, Global Privacy & Product Vice President & Chief Legal Officer Netflix, Inc. Ari Levenfeld Global Chief Privacy Officer Salesforce Kabir Barday National Student Clearinghouse Chris Hoofnagle Chief Privacy Officer BNY Mellon Chief Executive Officer Dona Fraser Adjunct Professor of Law, Faculty Director, Sizmek Kerry Childe Vivek Narayanadas OneTrust Senior Corporate Counsel Director Berkeley Center for Law & Technology Harry Lightsey Associate General Counsel, Privacy Best Buy Children's Advertising Review Unit University of California Berkeley School of Law Inna Barmash Executive Director, Global Connected Customer, Shopify General Counsel Danielle Keats Citron Leigh Parsons Freund Jane Horvath Public Policy Ashley Narsutis Amplify Education, Inc. Morton & Sophia Macht Professor of Law President & CEO Senior Director, Global Privacy General Motors Company Head of Legal University of Maryland Network Advertising Initiative Apple, Inc. Alisa Bergman David Longford AdRoll, Inc. FPF Senior Fellow Vice President, Chief Privacy Officer Christine Frye Margaret Hu Chief Executive Officer Member, FPF Education & Innovation Foundation Jill Nissen Adobe Systems Inc. Senior Vice President, Chief Privacy Officer Assistant Professor of Law DataGuidance Board of Directors Bank of America Founder Elise Berkower (1957-2017) Washington & Lee University Caroline Louveaux Sheila Colclasure Nissen Consulting Associate General Counsel Deborah Gertsen Sandra Hughes Chief Privacy Officer Global Privacy and Public Policy Executive Tiffany Morris Palazzo The Nielsen Company Lead Policy Counsel CEO and President MasterCard LiveRamp, Inc. Ford Motor Company General Counsel and Vice President Debra Berlyn Sandra Hughes Strategies Brendon Lynch Maureen Cooney of Global Privacy President John Gevertz Secretary, FPF Board of Directors, Chief Privacy Officer Head of Privacy Lotame Solutions, Inc. Consumer Policy Solutions Chief Privacy Officer Secretary, FPF Education & Innovation Foundation Microsoft Corporation Sprint Eleonore Pauwels Treasurer, FPF Board of Directors, Visa Inc. Board of Directors Mark MacCarthy Barbara Cosgrove Director of the AI Lab Treasurer, FPF Education & Innovation Foundation John Godfrey Trevor Hughes Senior Vice President, Public Policy Vice President, Chief Privacy Officer Wilson Center Board of Directors Senior Vice President, Public Policy President & Chief Executive Officer Software & Information Industry Association Workday Andrew Bloom Samsung Electronics America IAPP - International Association of Privacy