Data Privacy Day at Duke 2023

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In honor of Data Privacy Day 2023

Please join us for

Privacy in a Post-Dobbs Landscape: Health Data, Technology, Law & Policy

Feb 2-3, 2023

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The Supreme Court’s June 2022 decision in Dobbs v. Jackson Women’s Health and the state laws banning abortion that are being enforced and enacted in its wake have implications for privacy that reach far beyond an individual’s right to decide whether to have an abortion. Twenty-first century technologies, surveillance, our data economy, and the lack of effective privacy protective laws create a post-Dobbs landscape rife with privacy challenges and harms. Our Data Privacy Day 2023 event, “Privacy in a Post-Dobbs Landscape: Health Data, Technology, Law & Policy,” will explore some of these issues. In our first panel discussion, we will consider reproductive health data, the limited nature of HIPAA and the privacy implications of interoperability mandates; the increasingly important role played by telemedicine and medication abortion for privacy and reproductive health; and the rise of self-managed abortion, criminalization and the associated surveillance of women. In our second panel, partners from three of the country’s leading law firms will discuss the multi-faceted ways in which laws passed in the aftermath of Dobbs are affecting the interests of a broad spectrum of clients and the ways data privacy issues arise in and affect their post-Dobbs practice of law. We hope you will plan to join us on February 3 at the Duke Law School!

Panel Recordings

Agenda

Feb. 2, 2023

Welcome Dinner for Panelists

February 3, 2023

Duke Law School, Room 3041

9:00 - 9:15 am: Check-in and Continental Breakfast

9:15 - 9:30 am: Opening Remarks and Welcome (Jolynn Dellinger and David Hoffman)

9:30 - 10:45 am: Health Data, Telemedicine, Self-Managed Abortion and Surveillance (Carly Zubrzycki, Rachel Rebouché, Stephanie Pell)

11:00 - 12:15 pm: Big Law: Helping Clients Navigate a Rocky Post-Dobbs Terrain (Colleen Theresa Brown, Beth Brinkmann, Chris Hart)

12:30 - 1:30: Panelist Lunch (invitation only)

Suggested Readings

Panel Recordings

 

Health Data, Telemedicine, Self-Managed Abortion and Surveillance
Big Law: Helping Clients Navigate a Rocky Post-Dobbs Terrain

Speaker Biographies

Gittings Photography - Brinkmann
Beth Brinkmann

Beth Brinkmann

Beth Brinkmann is a leading national appellate litigator, handling federal and state court matters across the country, and has argued 26 cases before the Supreme Court of the United States. Beth also leads constitutional and statutory litigation against federal agency action. Clients regularly turn to Beth for advice on complex legal issues pending in litigation across multiple jurisdictions and Supreme Court strategy. Beth is co-chair of the firm’s Appellate and Supreme Court Litigation practice.

Beth has argued on behalf of firm clients before the U.S. Supreme Court, representing several major power companies in a leading administrative law case and representing a patent owner in a win against the federal government. She has won significant recent appeals for firm clients in other courts as well, including in the California Supreme Court for a national athletic organization in a tort case; in the Second Circuit Court of Appeals for a global bank in an antitrust case; in the Fourth Circuit Court of Appeals for a national financial institution in a class action matter; in the Ninth Circuit Court of Appeals for an online app in an unfair business practice case; and in the DC Circuit in a FCC regulatory matter.

Beth’s litigation for clients against federal agency action in various federal district courts includes obtaining a preliminary injunction to prevent the government’s shutdown of a video-sharing app; winning an action for a global electronics maker against the government’s adverse designation to ban it from U.S. financial markets; and a nationwide preliminary injunction against the government’s proposed most-favored nation drug pricing rule on behalf of a life sciences association.

Before joining the firm, Beth served for more than 15 years in senior litigating positions at the U.S. Department of Justice, most recently as Deputy Assistant Attorney General in the Civil Division. She oversaw the Division’s nationwide appellate litigation, including winning oral arguments in defense of the Affordable Care Act, defense of the President in a national security political question suit, NIH funding of stem cell research, preemption of state immigration statutes, and federal regulation of the Supreme Court terrace. Beth presented congressional testimony and advised cabinet-level department leadership and regulatory agencies on dozens of rulemaking matters, litigation risk assessments, and legislative proposals. Beth previously served as Assistant to the Solicitor General for several years, representing Executive Branch agencies and officials before the U.S. Supreme Court. Beth also previously led a Supreme Court and appellate practice at another national firm, served as an Assistant Federal Public Defender with more than a dozen criminal jury trials, and worked as a public interest litigator, including two civil bench trials. Beth received her J.D. from Yale Law School, and A.B. with great distinction from the University of California, Berkeley. After law school, she served as a law clerk to Judge Phyllis A. Kravitch, U.S. Court of Appeals for the Eleventh Circuit, and to Supreme Court Justice Harry A. Blackmun.
Brown, Colleen Theresa
Colleen Theresa Brown

Colleen Theresa Brown

Colleen Theresa Brown is partner at Sidley law firm where she focuses on privacy, cybersecurity, data protection, and emerging technology issues for a diverse group of companies, including those in the financial, life sciences, telecommunications, media, retail, and manufacturing sectors. She has focused her practice on global data protection compliance, litigation and regulatory enforcement actions, and data breach response, crisis management, and internal investigations. Colleen is ranked in Chambers as an “Up and Coming” privacy lawyer who “approaches complex legal issues in a practical way.” Global Data Review named her to its “Women in Data” list in 2022, The Lawyer Network recognized her as Cybersecurity Lawyer of the Year in Washington, D.C. in 2021 and 2022, and Euromoney's Women in Business Law listed her as one of the world’s leading female practitioners in Privacy and Data Protection in 2022. Washingtonian named her among its “Top Lawyers” for Cybersecurity in 2019. Colleen is also a recommended lawyer by Legal 500 USA for Cyber Law, which notes, “Colleen Brown demonstrates ‘confidence in making judgment calls on complex issues.’” Colleen received her BA from Loyola College and her JD from University of Pennsylvania Law School.

Colleen's counseling experience includes cyber risk and data breach management, corporate data protection and privacy compliance programs, international data protection and cross-border transfer, Big Data, Internet of Things, electronic surveillance, trade secrets, social media, cloud computing, and online brand protection. She also has significant experience in counseling and strategy under CAN-SPAM, CCPA, CFAA, COPPA, ECPA, ESIGN, FCRA, FOIA, GDPR, GLBA, HIPAA, the Privacy Act, TCPA, Unfair and Deceptive Trade Practices, state privacy, and common law claims including defamation and privacy torts, privacy regulations and enforcement in federal agencies including the Federal Trade Commission (FTC) and the Federal Communications Commission, and industry self-regulation on privacy matters, including those related to online advertising and PCI DSS compliance. Colleen is a Certified Information Privacy Professional (CIPP)/United States through the International Association of Privacy Professionals (IAPP).

In addition to counseling and litigation related to data protection, Colleen's work also includes counseling and negotiation of data-driven agreements, as well as privacy and cybersecurity diligence, and integration planning for mergers and acquisitions.

At Sidley, Colleen co-founded Women in Privacy®, a networking group for women working as in-house counsel, compliance officers, and other professionals in the field of privacy. Women in Privacy® holds regular meetings in the U.S. and the EU and is dedicated to thought leadership for women privacy professionals. She is also chief editor of the Sidley Blog Data Matters: Cybersecurity, Privacy, Data Protection, Internet Law and Policy.
Dellinger, Jolynn
Jolynn Dellinger

Jolynn Dellinger

Jolynn Dellinger is the Stephen and Janet Bear Visiting Lecturer and a Kenan Senior Fellow at the Kenan Institute for Ethics, where she teaches privacy and ethics and does work in the area of ethical tech. In addition to teaching Privacy Law and Policy at Duke Law as a Senior Lecturing Fellow, Dellinger is an Adjunct Professor at UNC School of Law, a member of the Board of Directors for the Triangle Privacy Research Hub, and a member of the Future of Privacy Forum Advisory Board. She also recently served as Special Counsel for Privacy Policy and Litigation for the North Carolina Department of Justice.

From 2007-2013, Dellinger worked as the founding program manager for Data Privacy Day, a globally recognized event designed to raise awareness about privacy and create mechanisms for dialogue, collaboration and privacy solutions among nonprofits, academics, businesses and government entities. She has worked as a privacy lawyer at Intel Corporation, at The Privacy Projects, and at the National Cyber Security Alliance.

Prior to working for Intel, Dellinger worked as a staff attorney for Judge W. Earl Britt in the U.S. District Court for the Eastern District of North Carolina (1998-2007), as a Bristow Fellow in the Solicitor General’s Office in the U.S. Department of Justice (1994-95), and as a clerk for Judge Francis D. Murnaghan, Jr. in the U.S. Court of Appeals for the Fourth Circuit (1993-94). She has also practiced at law firms in Washington, D.C. and North Carolina, and taught Family Law at Duke Law School and Legal Writing at UNC School of Law. Dellinger received her BA in English from Columbia University (’89) where she also focused on Religion and Women’s Studies. She received her JD from Duke Law School (‘93), where she graduated Order of the Coif and was an editor on the Duke Law Journal, and her MA in Humanities/Women’s Studies from Duke University (’93).
Hart, Chris
Chris Hart

Chris Hart

Chris Hart is partner and co-chair of the privacy and data security practice for Foley Hoag law firm. Heis an experienced civil litigator and human rights lawyer with a focus on cybersecurity and global data protection. As co-chair of Foley Hoag’s Privacy and Data Security practice, Chris counsels clients—ranging from startups to Fortune 500 companies—on data privacy and cybersecurity compliance, incident response, government investigations, and litigation stemming from an organization’s data management and governance practices. He received his BA from Harvard University, his MA from St John’s College, and his JD from Duke University School of Law.

Chris is a certified privacy professional with substantial experience advising clients regarding their obligations internationally and in the U.S., including with regard to the California’s Consumer Privacy Act (CCPA), the UK and EU’s General Data Protection Regulation (GDPR), Canada’s Personal Information Privacy Act (PIPEDA), and a host of domestic and international regulatory frameworks. He counsels companies regarding the Computer Fraud and Abuse Act (CFAA), the Stored Communications Act (SCA), the Telephone Consumer Privacy Act (TCPA), as well as relevant state analogs. Chris also provides substantial support as a subject matter expert to the firm’s transactional practice.

Chris has successfully counseled hospitals, tech companies, financial institutions, cannabis and energy clients, and nonprofits concerning data security incidents. As a leader of the firm’s Cybersecurity Incident Response Team, Chris coaches companies through incident investigation and response, works closely with forensic consultants, manages organizations’ ensuing compliance obligations, and defends and advocates on behalf of organizations facing government investigations or litigation stemming from incidents.
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David Hoffman

David Hoffman

David Hoffman is the Steed Family Professor of the Practice of Cybersecurity Policy at the Sanford School of Public Policy and holds a Senior Lecturing Fellow appointment at the Duke University School of Law. He also formerly was the Associate General Counsel, Director of Security Policy and Global Privacy Officer for Intel Corporation where he spent 23 years as part of the legal department.

Hoffman currently chairs the Civil Liberties and Privacy Panel for the Director's Advisory Board for the US National Security Agency. He also chairs the board of the Center for Cybersecurity Policy and Law, and serves on the Board of the Future of Privacy Forum and the Advisory Board of the Israel Tech Policy Institute. Hoffman also founded and chairs the board for the Triangle Privacy Research Hub, which highlights and fosters cybersecurity and privacy academic research done in the North Carolina Research Triangle.

Hoffman previously served on the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee and the Board of Directors of the National Cyber Security Alliance. He has also served on the U.S. Federal Trade Commission’s Online Access and Security Committee, the Center for Strategic and International Studies Cyber Security Commission, the Steering Committee for BBBOnline, the TRUSTe Board of Directors and the Board of the International Association of Privacy Professionals. He is the author of many papers and articles on cybersecurity and privacy and has testified to Congress on these topics. Hoffman's research and teaching has been aided by funding from Intel Corporation, The Crypsis Group, The Media Trust, and Mine.

Hoffman has a JD from Duke Law School, where he was a member of the Duke Law Journal. He received an AB from Hamilton College.
Pell, Stephanie
Stephanie Pell

Stephanie Pell

Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor (with tenure) and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy, where she designed and taught West Point’s first Cyber Ethics course. Her scholarly work focuses on cyber ethics, cybersecurity law and policy, cyberwarfare and conflict, surveillance, privacy, national security law and policy, and the impact of technology upon racial equity. Stephanie’s work has been published in several law journals, including the Harvard Journal of Law and Technology, the Berkeley Technology Law Journal, the Yale Journal of Law and Technology, and the Connecticut Law Review, as well as in the popular national magazine Wired. Stephanie received her undergraduate, master’s and law degrees from the University of North Carolina at Chapel Hill.

Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee and lead counsel on both Electronic Communications Privacy Act (ECPA) reform and PATRIOT Act reauthorization during the 111th Congress. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida. Stephanie was a lead prosecutor in U.S. v. Jose Padilla (American Citizen detained as an enemy combatant prior to criminal indictment, trial, and conviction on various terrorism charges), for which she received the U.S. Attorney General’s Exceptional Service Award, and in U.S. v. Conor Claxton (IRA operatives who purchased weapons in South Florida and smuggled them into Belfast, Northern Ireland, during peace process negotiations).
Rebouche, Rachel
Rachel Rebouché

Rachel Rebouché

Rachel Rebouché is the Dean of Temple University Beasley School of Law and the James E. Beasley Professor of Law. Prior to her appointment as Dean, she was the Associate Dean for Research, a position she held from 2017 to 2021. She is also a Faculty Fellow at Temple’s Center for Public Health Law Research. Dean Rebouché is a leading scholar in reproductive health law and family law. She is an author of Governance Feminism: An Introduction and an editor of Governance Feminism: Notes from the Field. She is also the editor of Feminist Judgments: Family Law Opinions Rewritten, published by Cambridge University Press, and an author of the sixth edition of the casebook, Family Law. In addition, she will join the fifth edition of the casebook, Contracts: Law in Action and recently co-edited a collection of essays for Law & Contemporary Problems on the pandemic’s effects on contract law.

Dean Rebouché has served as a co-investigator on two grant-funded research projects related to reproductive health, one housed at the Emory University Rollins School of Public Health and another funded by the World Health Organization. Her recent research also includes articles in law reviews and in peer-reviewed journals on abortion law, relational contracts, gestational surrogacy, prenatal genetic testing and genetic counseling, collaborative divorce, parental involvement laws, and international reproductive rights.

Dean Rebouché received a J.D. from Harvard Law School, an LL.M. from Queen’s University, Belfast, and a B.A. from Trinity University. Prior to law school, she worked as a researcher for the Northern Ireland Human Rights Commission and the Human Rights Centre at Queen’s University, Belfast. After law school, Dean Rebouché clerked for Justice Kate O’Regan on the Constitutional Court of South Africa and practiced law in Washington, D.C., where she served as an associate director of adolescent health programs at the National Partnership for Women & Families (formerly, the Women’s Legal Defense Fund) and as a Women’s Law and Public Policy Fellow at the National Women’s Law Center.
Zubrzycki, Carly
Carly Zubrzycki

Carly Zubrzycki

Carleen “Carly” Zubrzycki is an Associate Professor of Law at the University of Connecticut where she teaches torts and courses related to health law. Her research focuses on the healthcare system, drawing on themes from torts, administrative law, democratic theory, and behavioral economics. Her scholarship is informed by her background in bioethics and years of healthcare-related litigation experience at the Department of Justice. Among other things, her work explores the rules governing medical information, which she views as a lens into broader dynamics in the healthcare system. She is also interested in the role that litigation plays in promoting corporate accountability to local communities.

Zubrzycki is a graduate of Yale Law School (JD) and Yale College (BA). She clerked for Judge Kim Wardlaw of the Ninth Circuit Court of Appeals and for Judge Randolph Moss of the U.S. District Court for the District of Columbia. She worked in private practice at WilmerHale, where her work focused on Supreme Court and appellate litigation, including tort litigation arising out of the September 11 attacks. She then served on the Civil Appellate staff of the U.S. Department of Justice from 2015 to 2019, in which role she served as lead counsel for the United States on dozens of matters and presented nine oral arguments to federal courts of appeals on a wide array of issues, ranging from constitutional challenges to Medicare dispute.

While at the Department of Justice, Zubrzycki won division-wide awards for her pro bono advocacy for a domestic violence survivor and for her work on the Risk Corridors Affordable Care Act litigation. Immediately before joining the UConn faculty, Carly spent two years as a Climenko Fellow teaching at Harvard Law School.

About Data Privacy Day

History of Data Privacy Day and Data Privacy Week

Data Privacy Day began in the United States and Canada in January 2008 as an extension of the Data Protection Day celebration in Europe. Data Protection Day commemorates the Jan. 28, 1981, signing of Convention 108, the first legally binding international treaty dealing with privacy and data protection. Until 2021, Data Privacy Day was observed annually on Jan. 28 and is the signature event in a greater privacy awareness and education effort.

In 2021, the NCA (National Cybersecurity Alliance) expanded Data Privacy Day into Data Privacy Week with the goal of increasing awareness about online privacy.

Year-round, NCSA educates consumers on how they can own their online presence and shows organizations how privacy is good for business. NCSA’s privacy awareness campaign is an integral component of STOP. THINK. CONNECT.

Source: https://staysafeonline.org/programs/data-privacy-week/about/

Excerpt from Professor David Hoffman's Policy@Intel blog post:

"Data Privacy Day began with a conversation at my dinner table eight years ago, when Leonardo Cervera Navas and Jolynn Dellinger joined my family for dinner.

Leonardo had the idea first that it would be wonderful if there was a day when people could recognize those shared values and promote transatlantic cooperation. Data Protection Day had already been recognized in Europe and held on January 28th, which is the anniversary of the Council of Europe’s signing of Convention 108. It is Convention 108 which first recognized privacy as a fundamental human right. I have a vivid memory of Jolynn then saying, “We shouldn’t just talk about it, we should do it.” By the end of dessert, Data Privacy Day was born.
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Data Privacy Day has come a long way since that dinner. Jolynn, the initial project manager for the event, turned our idea into a reality. Leonardo secured the participation of then European Data Protection Supervisor Peter Hustinx, and representative of the Italian Garante Giovanni Buttarelli for an event at Duke University Law School. Now thousands of organizations recognize Data Privacy Day and participate in events to build privacy awareness."

Full Story at: https://blogs.intel.com/policy/2016/01/28/origins-data-privacy-day/#gs.sblogs

 

This event is sponsored by:

kenan
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science and socierty