PRIVACY PAPERS FOR POLICYMAKERS 2020 This material is based upon work supported by the National Science Foundation under Grant No. 1837413. February 10, 2021 We are pleased to introduce FPF’s 11th 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 explores the legal and policy questions related to a new era of student surveillance, which is being fueled by machine learning. • Another paper sets out proposals for how Asian stakeholders may promote greater consistency between their respective laws and regulations on international transfers of personal data in the region. • A third paper discusses the human rights implications of technologies like virtual reality and augmented reality, as well as actions that the industry and lawmakers can take to preserve human rights. • A fourth paper provides a comprehensive account of the ways in which privacy impacted technological and public health responses to the COVID-19 crisis to expose the need for reforms in privacy law. • Another paper evaluates the recent Schrems II decision and proposes ways that U.S. surveillance law can be adapted to meet the standards of the European Court of Justice and establish a lasting foundation for data transfers in trans-Atlantic commerce. • The sixth winning paper urges the creation of fiduciary relationships between consumers and companies that would increase company liability for data protection failures. For the fifth year in a row, we are proud to continue highlighting student work by honoring another excellent paper. The winning paper Personal Identifiability of User Tracking Data During Observation of 360-Degree VR Video (Miller, et al.) offers insight into how using only the position tracking data, they found that even with more than 500 participants to choose from, a simple machine learning model can identify participants from less than five minutes of tracking data at above 95% accuracy. We thank the scholars, advocates, and Advisory Board members who are engaged with us to explore the future of privacy. Christopher Wolf Jules Polonetsky Chairman, FPF Board of Directors Chief Executive Officer, FPF Privacy Papers for Policymakers 2020 1 Future of Privacy Forum Advisory Board Alessandro Acquisti John Breyault Peggy Eisenhauer Associate Professor of Information Technology & Vice President, Public Policy Telecommunications Founder Public Policy and Fraud Privacy & Information Management Services Carnegie Mellon University's Heinz College National Consumers League Jimma Elliott-Stevens Nicholas Ahrens Julie Brill General Counsel, Chief Compliance & Privacy Officer Vice President, Innovation Corporate Vice President, Deputy General Counsel Global Thomson Reuters Retail Industry Leaders Association Privacy and Regulatory Affairs, and Chief Privacy Officer Keith Enright Sharon Anolik Microsoft Corporation Chief Privacy Officer Founder & President Jill Bronfman Google Privacy Panacea Privacy Counsel Kristen Erbes Annie Antón Common Sense Media Chief Privacy Officer Professor of Computer Science Stuart N. Brotman Cambia Health Solutions Georgia Institute of Technology Howard Distinguished Endowed Professor Patrice Ettinger Justin Antonipillai University of Tennessee, Knoxville Chief Privacy Officer Founder & Chief Executive Officer Ryan Calo Pfizer, Inc. WireWheel Associate Professor of Law Joshua Fairfield Jocelyn Aqua University of Washington School of Law William Donald Bain Family Professor of Law Privacy and Ethics Leader Andres Castrillon Washington & Lee University School of Law PricewaterhouseCoopers LLP Senior Manager, Federal Government Relations Anne Fealey Vivienne Artz Stellantis Global Chief Privacy Officer Chief Privacy Officer Ann Cavoukian, Ph.D. Citi Refinitiv Executive Director, Privacy and Big Data Institute Heather Federman Joe Ashkouti Ryerson University Vice President of Privacy & Policy Senior Managing Counsel, Enterprise Functions & Anupam Chander BigID Chief Privacy Officer Professor of Law Lindsey Finch Change Healthcare Georgetown University Executive Vice President, Global Privacy & Product Legal Stephen Balkam Mary Chapin Salesforce Chief Legal Officer, Vice President & Corporate Secretary Founder & Chief Executive Officer Leo Fitzsimon Family Online Safety Institute National Student Clearinghouse Government Relations - Americas Kenneth Bamberger Danielle Keats Citron Here Jefferson Scholars Foundation Schenck The Rosalinde and Arthur Gilbert Foundation, Renard François Professor of Law Co-Director of the Berkeley Center Distinguished Professor in Law Managing Director, Global Chief Privacy Officer for Law and Technology University of Virginia School of Law JPMorgan Chase University of California Berkeley School of Law FPF Senior Fellow Dona Fraser Kabir Barday Member, FPF Education & Innovation Foundation Board of Directors Senior Vice President, Privacy Initiatives Founder, President, & Chief Executive Officer BBB National Programs OneTrust Sheila Colclasure Leigh Parsons Freund Kelby Barton Global Chief Digital Responsibility and Public Policy Officer IPG Kinesso President & Chief Executive Officer General Counsel Network Advertising Initiative Avast Barbara Cosgrove Christine Frye Alisa Bergman Vice President, Chief Privacy Officer Workday Senior Vice President, Chief Privacy Officer Vice President, Chief Privacy Officer Bank of America Adobe Systems Inc. Lorrie Cranor Kelly Gertridge Elise Berkower (1957–2017) Professor of Computer Science and of Engineering and Public Policy Head of Privacy Associate General Counsel Atlassian Nielsen Carnegie Mellon University’s Heinz College Megan Cristina Deborah Gertsen Debra Berlyn Counsel - Corporate Compliance Office - Privacy President Vice President & Chief Legal Officer Ford Motor Company Consumer Policy Solutions Slack Treasurer, FPF Board of Directors Mark Crosbie John Gevertz Treasurer, FPF Education & Innovation Foundation Data Protection Officer Senior Vice President, Chief Privacy Officer Board of Directors Dropbox Visa Andrew Bloom Mary Culnan Shoshana Gillers Vice President & Chief Privacy Officer Professor Emeritus Chief Privacy Officer McGraw-Hill Education Bentley University TransUnion Douglas Bloom Vice President, FPF Board of Directors, Carolina Giuga Executive Director and Co-Head of Cybersecurity Vice President, FPF Education & Innovation Director, Government & Public Affairs, Americas and Privacy Foundation Board of Directors, FPF Senior Fellow LEGO Morgan Stanley Rachel Cummings Eric Goldman Brent Bombach Assistant Professor of Industrial and Systems Engineering Associate Dean of Research, Professor of Law and Senior Director, Government Relations and Public Policy Georgia Institute of Technology Co-Director, High Tech Law Institute NEC Corporation of America Andy Dale Santa Clara University School of Law Axel du Boucher General Counsel, Head of Strategic Partnerships Melissa M. Goldstein Group Data Protection Officer Alyce Associate Professor, Department of Health Policy Criteo Laurie Dechery and Management George Washington University Law School Claire Borthwick Associate General Counsel Senior Counsel Shutterfly, Inc. Scott Goss GoGuardian Jolynn Dellinger Vice President, Privacy Counsel Qualcomm Claire McKay Bowen, Ph.D. Stephen and Janet Bear Visiting Lecturer and Kenan Lead Data Scientist, Privacy and Data Security Senior Fellow John Grant Urban Institute The Kenan Institute for Ethics at Duke University Civil Liberties Engineer Bruce Boyden Sara DePaul Palantir Technologies Assistant Professor of Law Associate General Counsel and Senior Director of Meredith Grauer Marquette University Technology Policy Chief Privacy Officer Software & Information Industry Association Anne Bradley Nielsen Vice President, Chief Privacy Officer & Global Michael Dolan Kimberly Gray Counsel Nike Direct Senior Director, Head of Enterprise Privacy Chief Privacy Officer, Global Nike Best Buy IQVIA Tarryn Brennon Erin Egan Lynn Haaland Chief Privacy Officer, Senior Vice President, Vice President & Chief Privacy Officer, Policy Deputy General Counsel, Chief Compliance and Associate General Counsel Facebook, Inc. Ethics Officer, Chief Privacy Officer Pearson Zoom Video Communications Privacy Papers for Policymakers 2020 2 Future of Privacy Forum Advisory Board (continued) Sara Harrington Mark Kahn Michael McCullough Legal - Head of Users, Product & Privacy General Counsel and Vice President of Policy Chief Privacy Officer & Governance, Risk Management, Stripe Segment and Compliance Leader Cathleen Hartge Damien Kieran Macy's, Inc. Head of Legal Chief Privacy Officer and Global Data Protection Officer William McGeveran Branch Twitter Associate Dean for Academic Affairs and Julius E. Woodrow Hartzog Anne Klinefelter Davis Professor of Law Professor of Law and Computer Science Director of the Law Library, Henry P. Brandis University of Minnesota Law School Northeastern University School of Law Distinguished Professor of Law Zoe McMahon Ben Hayes University of North Carolina Chief Privacy and Data Protection Officer Chief Privacy Officer Karen Kornbluh HP Inc. Zeta Global Founding Director, Digital Innovation and Christin McMeley Eric Heath Democracy Initiative