Thursday, June 14, 6:00 – 8:15 p.m.
US and EU Privacy Regulation: An Overview

The FCBA International Telecommunications and Privacy and Data Security Committees will hold a CLE on Thursday, June 14, 2012 from 6:00 – 8:15 p.m. on US and EU Privacy Regulation: An Overview.  The CLE will explore differences in legal and cultural approaches to privacy and ask what needs to be done to bridge those differences and reduce barriers to global commerce.  It will be held at Mayer Brown LLP, 1999 K Street, NW.

Both the United States and the European Union are in the process of rethinking their privacy frameworks.  In the EU, the so-called “cookie directive” is before member states for consideration of enactment into national law.  Many EU member countries differ in their interpretation of the stringency of the directive’s notice and consent requirements.  The European Commission has drafted major revisions to the current privacy directive, including converting it into an EU-wide regulation with extraterritorial enforcement implications.

In the United States, the White House recently announced a proposed “Consumer Privacy Bill of Rights” and called for the enactment of the seven principles embodied in the document into law.  At the same time, the Administration proposed that the Department of Commerce convene a multi-stakeholder process of industry, consumer advocates, civil society representatives, and other interested parties to create enforceable industry codes of conduct to implement the Consumer Privacy Bill of Rights, a step that may be taken without legislative action.  A few weeks later, the Federal Trade Commission, issued its own final recommendations for a new privacy framework and pledged to support the Administration’s multi-stakeholder process.  Meanwhile, on both sides of the Atlantic, industry has banded together to implement a similar self-regulatory program that has won recognition by some EU and US regulators as a valuable contribution to the development of these new privacy frameworks.

The US and the EU are engaged in consultations to bridge the gap between their very different approaches to privacy.  Some EU regulators have expressed cautious optimism about the US proposed Consumer Privacy Bill of Rights.  US officials, for their part, have expressed hope that these talks will result in greater interoperability between the two regimes.  However, many European regulators remain skeptical that the US self-regulatory and “light touch” approach to privacy will be considered “adequate” under European standards.

AGENDA

6:00 – 6:05 p.m.         Welcome and Introductions

John Heitmann, Co-Chair, FCBA Privacy and Data Security Committee and Partner, Kelley Drye & Warren LLP

6:05 – 6:45 p.m.         Overview of EU Privacy Regulation
The first panel will provide an overview of the main issues in the implementation of the cookie directive and the proposed changes to the Data Directive.  An update on self-regulatory programs will also be provided.

Moderator:
Jules Polonetsky, Director and Co-Chair, Future of Privacy Forum

Speakers:
Justin Weiss, Senior Director, International Privacy & Policy, Yahoo!
Caitlin Fennessy, Policy Analyst, Office of Technology and Electronic Commerce, International Trade Administration, U.S. Department of Commerce
Lillie Coney, Associate Director, Electronic Privacy Info Center
Lara Ballard, Special Advisor for Privacy and Technology, Office of Communications and Information Policy, U.S. Department of State

6:45 – 6:55 p.m.         Break

6:55 – 7:30 p.m.         Overview of US Privacy Regulation
The second panel will provide an overview of the Administration’s Consumer Privacy Bill of Rights, the Commerce Department’s multi-stakeholder process and the FTC’s Final Privacy Report.  It will provide an update on self-regulatory initiatives (i.e., Do-Not-Track and icon-based notice and choice programs).

Moderators:
Scott Delacourt, Wiley Rein LLP

Speakers:
Chris Olsen, Assistant Director, Division of Privacy and Identity Protection, Federal Trade Commission
Marc Groman, Executive Director and General Counsel, Network Advertising Initiative
Amy Mushahwar, Reed Smith LLP
Ari Schwartz, Senior Advisor to the Secretary, Department of Commerce, (invited)

7:30 – 8:15 p.m.         EU and US Approaches to Privacy:  Can We Achieve Interoperability
The program will conclude with speakers from both panels talking about the differences between the EU and US approaches to privacy and what needs to be done to overcome obstacles to achieve mutual recognition and interoperability.

Moderator:
Genie Barton, Vice President and Director, Online Interest-Based Advertising Accountability Program & Mobile Marketing Initiatives