International Data Protection and Binding Corporate Rules. Fordham University New York, NY

Transcription

1 International Data Protection and Binding Corporate Rules Fordham University New York, NY November 13 th -14 th, 2006

2 OPENING SESSION: WORKING GROUPS FOR INDUSTRY AND ACADEMIC/ EXPERT PARTICIPANTS November 13, :30am 9am Coffee and Continental Breakfast 12 th Floor Lounge Lowenstein Building, Fordham University Entrance: West 60 th Street at Columbus Avenue 9am 10:15am Setting the Stage Welcome and Workshop Goals: Professor Joel R. Reidenberg Introduction of Participants (each participant will have 2-3 minutes to introduce him/herself) Introduction of Rapporteurs 10:15am - 10:30am Coffee 10:30am 12:30pm Parallel Working Group Sessions Working Group for Industry Participants Moderator: Stewart Dresner (CEO, Privacy Laws & Business) Topic: Critical Decisions for Binding Corporate Rules ( BCR ) How do companies develop the content of BCR? General, specific, sectoral data? What are the pro/cons to adopting BCR? What ways do companies anticipate and desire to use BCR? Are these even possible (e.g. inter-company transfers such as BCR company to BCR company)? How do companies decide when and where to seek adoption of BCR? Working Group Academic/Expert Participants Plaza View Room Moderator: Robert Gellman (Privacy and Information Policy Consultant) CLIP Workshop-Fordham Law School p. 3

3 Topic: Critical Issues for BCRs What are the pros/cons of BCR? What is expected of companies using BCR? How is BCR content measured to assure its adequacy? What are the roles of the DPA and consumer advocates in the adoption process? 12:30pm 1:00pm Lunch (12 th Floor Lounge, Lowenstein Building) 1:30pm 3:00pm Parallel Working Group Sessions Topic: BCR Infrastructure Working Group for Industry Participants Moderator: Stewart Dresner (CEO, Privacy Laws & Business) What systems are necessary? What systems are missing? How do companies develop and configure data processing systems? What drives corporate decisions among alternative systems of compliance? Working Group Academic/Expert Participants Plaza View Room Moderator: Robert Gellman (Privacy and Information Policy Consultant) Topic: BCR Infrastructure What should data systems do to assure satisfactory fair information practices (e.g. ability to respond to data subject access requests)? What advantages/shortcomings for the protection of data subjects does the infrastructure raise? For companies? For DPAs? How should compliance be assessed? 3:00pm 3:20pm 3:20pm 5:00pm Coffee Break Parallel Working Group Sessions CLIP Workshop-Fordham Law School p. 4

4 Working Group for Industry Participants Moderator: Stewart Dresner (CEO, Privacy Laws & Business) Topic: BCR Operational Strategy What are the leadership needs inside the company? What are the challenges that companies face to internalize BCR? How do BCR affect relations with trading partners? What is the most effective role for DPAs? Working Group Academic/Expert Participants Plaza View Room Moderator: Robert Gellman (Privacy and Information Policy Consultant) Topic: BCR Enforcement What are the enforcement needs? How do Data Protection Agencies manage enforcement? How should data subjects be able to enforce BCRs? What is the most effective role for DPAs? What are the enforcement challenges? * * * ALL PARTICIPANTS: PUBLIC AUTHORITIES, INDUSTRY AND ACADEMIC/EXPERTS 6:30pm 9:00pm Cocktail Recption and Dinner Welcome -- William Michael Treanor, Dean of Fordham Law School 8:15pm Dinner Concert performed by the Fordham University Choir Atrium Plaza Level, Lowenstein Building, Fordham University Entrance: West 60 th Street at Columbus Avenue CLIP Workshop-Fordham Law School p. 5

5 PLENARY SESSION ON LAW AND PRACTICE: PUBLIC AUTHORITY, INDUSTRY AND ACADEMIC/ EXPERT PARTICIPANTS November 14, :30am 9am Coffee and Continental Breakfast 12 th Floor Lounge Lowenstein Building, Fordham University Entrance: West 60 th Street at Columbus Avenue 9:00am 10:30am Introductions and Reports from the Working Groups Professor Joel Reidenberg, CLIP Project Fellows, Stewart Dresner and Robert Gellman 10:30am-10:45am Coffee Break 10:45am 12:30pm The Binding Corporate Rules Mechanism Moderator: Joel R. Reidenberg (Professor of Law & Director of CLIP, Fordham University) Roundtable discussion of points of uncertainty and barriers to effectiveness as revealed by Working Groups 12:30pm 1:30pm Lunch 1:30pm 3:00pm BCR Infrastructure Moderator: Professor Joel R. Reidenberg Roundtable discussion of points of uncertainty and barriers to effectiveness as revealed by Working Groups 3:00pm 3:30pm 3:30pm 5:00pm Coffee Break BCR Operational Strategy & Enforcement Moderator: Professor Joel R. Reidenberg Roundtable discussion of points of uncertainty and barriers to effectiveness as revealed by Working Groups. CLIP Workshop-Fordham Law School p. 6

6 Workshop Participants Public Authorities Horacio Aguilar Álvarez de Alba (Commissioner, Mexican Federal Commission on Information Access) Cesar Alonso-Iriarte, (Data Protection Unit, DG Justice, European Commission) Justin Brookman (Assistant Attorney General Internet Bureau, Office of the NY Attorney General) Dr. Alexander Dix (Commissioner for Data Protection and Freedom of Information, Berlin Germany) Dr. Attila Péterfalvi (Parliamentary Commissioner for Data Protection and FOI, Hungary) William Kovacic (Commissioner, US Federal Trade Commission) Dr. José Luis Piñar (Director, Spanish Data Protection Agency) Dr. Francesco Pizzetti (President, Italian Data Protection Authority) Sian Rudgard (Solicitor-Legal Service, UK Information Commissioner s Office) Alexander Southwell (Assistant US Attorney, SDNY, US Department of Justice) Jennifer Stoddart (Privacy Commissioner of Canada) Maria Vicien-Milburn (Director, General Legal Division, United Nations) Peter Winn (Assistant US Attorney, WAW, US Department of Justice) Academics/Expert Michael Birnhack (Sr. Lecturer and Co-Director, Haifa Center on Law & Technology) Lorrie Cranor (Assoc. Professor, Comp. Sci./Engineering & Public Policy, Carnegie Mellon University) Stewart Dresner (CEO, Privacy Laws & Business) Guisella Finocchiaro (Professor of Law, Universita di Bologna, Italy) Robert Gellman (Privacy and Information Policy Consultant) Edward Janger (Professor of Law, Brooklyn Law School) John Karat (Research Staff Member, IBM Watson Research Center) Pablo Palazzi (Attorney and Editor, Habeas Data, Argentina) Alicia Perez Real (Professor of Law, Universidad Complutense, Spain) Joel Reidenberg (Professor of Law and Director, CLIP, Fordham Law School) Neil Richards (Associate Professor of Law, Washington University) Rebecca Roiphe (Visiting Assistant Professor, Fordham Law School) Private Sector E. Jason Albert (Senior Counsel and Chief Privacy Officer, Chevron) Jonathan Avila (Vice President-Counsel and Chief Privacy Officer, The Walt Disney Company) Laura Becking (Partner, Donahue Partners- Ernst & Young) Bojana Bellamy (Global Data Privacy Compliance Lead, Accenture) Inger Brattne (Director of Legal Affairs-Nordic Countries and European Privacy Counsel, Pfizer) Ruth Day (Privacy Officer, CMP Media LLC; Group Privacy Expert, United Business Media, Inc) Michelle Dennedy (Chief Privacy Officer, SunMicrosystems) Robert Hollweg (General Counsel and Secretary, Weight Watchers) Chris Kuner (Partner, Hunton & Williams) William Min (Senior Vice President-Global Assurance and Chief Privacy Officer, Starwood Hotels) Richard Nohe ( Senior Counsel, BT Global Services) Nuala O Connor Kelly (Chief Privacy Leader & Senior Counsel, General Electric) Harriet Pearson (Vice President Corporate Affairs & Chief Privacy Officer, IBM) Alan Raul (Partner, Sidley Austin) Jeroen Terstegge (Corporate Privacy Officer & Senior Counsel, Royal Phillips Electronics) CLIP Workshop-Fordham Law School p. 7