Missing Children, Genetics & the Law

As I mentioned in my Legal Bytes post a few weeks ago (Forensic DNA and Missing Children: The Legal & Ethical Issues), I had the honor and privilege of being a featured speaker on 25th of May 2017 – International Missing Children’s Day – at this year’s conference for Missing Children and Genetic Identity, organized and chaired by Patrícia Cipriano, President of the Portuguese Association for Missing and Exploited Children [Associaçāo Portuguesa de Crianças Desaparecidas] held at Lusófona University in Lisbon.

Featuring expert investigators, law enforcement, geneticists and forensic scientists, the conference explored how tough police work, forensic science, government legislators, judges and lawyers can work more effectively and cooperatively within and across national borders.  It also reminded us that DNA kits and learning aides for use by parents, coupled with greater educational efforts and more timely reporting, can help save children’s lives and futures.

The conference was attended by notable dignitaries, including Charlie Hedges, Police Expert, Missing Children and European Alert Coordinator for Amber Alert Europe, Professor Maria do Carmo Fonseca, President of the Institute of Molecular Medicine, Professor Maria do Ceu Machado, President of Infarmed, members of Portuguese Assembly of the Republic , senior law enforcement and forensic scientists with closing remarks delivered by His Excellency Dr. Fernando Negrão, a jurist and former Minister of Social Security, Family and Children, Minister of Justice, director general of the Judicial Police and chairman of the Board of Directors of the Institute of Drugs and Drug Addiction.

The conference highlighted the work being done in Portugal and, of course, the work that still needs to be done.  You can read and download the Conference Agenda & Brochure (Lisbon, PT) and feel free to take a look at my presentation Missing Children – Missing Opportunities, Legal Obstacles in our DNA (Rosenbaum) right here on Legal Bytes.

As always, f you would like to know more about this post, the conference, or the topics discussed at the conference, feel free to contact me, Joe Rosenbaum.

 

 

Forensic DNA and Missing Children: The Legal & Ethical Issues

Since 1983, when the day was designated by U.S. President Ronald Reagan as National Missing Children’s Day in the United States and spreading internationally through the Global Missing Children’s Network (GMCN), May 25th has been celebrated as International Missing Children’s Day.  GMAC is a jointly sponsored venture of the U.S. National Center for Missing & Exploited Children (NCMEC) and the International Centre for Missing & Exploited Children (ICMEC),  that focuses on educating parents on steps they can take in protecting their children, as well sharing best practices and information in investigating cases of child abduction, trafficking and illegal adoptions.

This year, I have the distinct privilege and great honor of speaking at the conference for Missing Children and Genetic Identity, organized by the Portuguese Association for Missing and Exploited Children [Associaçāo Portuguesa de Crianças Desaparecidas] and sponsored by Genomed, to be held at Lusófona University in Lisbon on the 25th of May 2017 – International Missing Children’s Day.

The conference will explore the connection between modern genetics and forensic science and on national and international efforts to aide investigations of missing and abused children.  The legal and ethical issues surrounding DNA collection and use, the pros and cons of storing DNA samples and maintaining a database of digital DNA ‘fingerprints’ as well as other bio metric information from individuals – convicted criminals, arrested individuals, victims, family members and even the general public – continues to be hotly debated on the national and international level throughout the world.  In addition to issues of privacy and security, the use and potential abuse of genetic and other bio metric evidence, whether to exonerate individuals or convict guilty individuals, is not just complicated, it is inconsistent across jurisdictional borders.  Sharing of critical information that may help identify a child or investigate a missing person, whether or not a crime may have been committed, is neither assured nor routine – despite the obvious benefits a regulated and carefully constructed information sharing system might be to family members, law enforcement and the forensic scientific community.

The conference, one of many throughout  the world on May 25th, will attract distinguished guests and provide a forum for discussion and shine a much needed spotlight on the legal and ethical challenges and opportunities at the intersection of science, law and law enforcement. I will publish a copy of my presentation and remarks after the conference concludes, but if you would like to know more about the conference, feel free to contact me, Joe Rosenbaum, or the organizers directly.

 

US-EU Data Transfer Privacy Shield

Being referred to by the European Union as the most important change in data privacy regulation in 20 years, the new EU General Data Protection Regulation (GDPR) comes into effect on May 25, 2018.  There is even a ‘countdown’ clock on the website and under the GDPR, “Personal Data” means information relating to an identified or identifiable natural person (including email addresses, telephone numbers, addresses and IP addresses).   While the European Commission has determined a number of countries already meet the ‘adequate protection’ test, the United States is not one of them!

As most readers of Legal Bytes already know, personal data cannot be transferred to from the EU to a non-European Union/European Economic Area country, unless that country can ensure “adequate levels of protection” for such personal data.

As background, in July of 2016, a new framework for the movement of personal data between the EU and the US was finalized – EU-U.S. and Swiss-U.S. Privacy Shield Frameworks – which was put into place in an effort to meet the requirements of the EU Data Directive.   However, critics noting the holes in that framework, have generated increasing concern as the 2018 effective date of the new EU GDPR approaches.   A few months ago, immediately following the inauguration ceremony, President Trump issued United States’ Executive Order 13768 (January 25, 2017) that has created even greater concern.  While it is possible a new or refined agreement and framework may be put into place in the months leading up to 2018, there is no certainty.

What do you need to know? What should you consider doing now?   My colleague Jill Williamson has written an article which has been published in Risk & Compliance Magazine, entitled “The Fragile Framework of the Privacy Shield“.   If you want to know more about the privacy and data protection implications of the new framework, its potential risks to your business and what you should be considering as you look to the future, feel free to contact Jill Williamson directly.  Of course, you can always contact me, Joe Rosenbaum, or any of the Rimon lawyers with whom you regularly work.

Legal Bytes – A New Beginning

A long time ago in a galaxy far, far away……  oops, wrong beginning.

Welcome to the new Legal Bytes blog.  As many of you know, my Legal Bytes blog has been dormant after my recent transition to Rimon, P.C..  Getting set up, ensuring smooth transitions for clients, enhancing the look and feel of the blog has taken a longer than I hoped, but hopefully the bugs are out of the system and it’s now up to me to try my best to make the new Legal Bytes blog worth the wait.  For newcomers, buckle your seatbelts – this isn’t your ordinary legal blog!

What happened? Why does it matter? How does or could it affect you?  Inquiring minds always want to know and in the process of trying to answer those questions for you, I will always try to illuminate and perhaps also entertain you.   In the coming months I’ll entice you into regular readership, enlighten you with timely content, addict you with my trivia contests, entice you to keep in touch and most of all, try to help you better understand how developments in the law and regulation may affect you.

I intend to continue Light Bytes, with interesting quotes and sayings that pique my interest and hopefully yours.  Of course, there was never a question about my trivia contests. After all, who else but a lawyer could call it “Useless But Compelling Facts”?  We have once again made arrangements with the International Law Office (ILO) based in London. I am privileged to have been re-appointed as Editor and exclusive content coordinator for their U.S. Media, Marketing, Sports & Entertainment Newsletter.  Although there will be content you will see exclusively in the ILO newsletter, you may also see many of our Legal Bytes articles re-purposed and ‘internationalized’ in collaboration with much appreciated work of the ILO editorial staff.  I am again excited to be working with such a valued organization and truly great people – shout out to Carolyn Boyle, my Editorial contact.

Want to know what’s on my radar for the year ahead – I won’t spoil all the surprises, drone on about drones, nor will I keep my head in the clouds or the crowds.  I am fascinated by the legal implications of the Internet with Things (yes, I replaced ‘Of’ with “With”).  I’m also concerned about cybersecurity and data protection.   I am intrigued by the growing robustness of augmented reality, which means I don’t have to walk around with those funny goggles or a digital scuba mask to experience the virtual world.  Mobile technology is transforming our world – making digital content, e-commerce and communication available to billions of people that had previously never seen a television, had a bank account or used a telephone.  I would be remiss not to mention social media – maturing and increasingly commercialized – further blurring the distinctions between information, entertainment and advertising; between me as an individual and an employee; between me at play and at work; and between my trademarks and my reputation; and between my insatiable desire to tell the world and my seemingly paradoxical concern over my privacy!

It is a brave new world – so much to know and so much to keep up with.

So stay tuned, and as always, thank you for reading.

The Paradox of Illumination

I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating ideas continue to resonate with those honored to have known him, and everyone else wise enough to read his work and the words he left behind.

In a nutshell, the paradox of illumination is extraordinarily complex, but simple to describe.  Much like Albert Einstein who, when asked about his theory of relativity and the notion that time is not constant, described it in personal terms: if a man is at dinner for 10 minutes with a beautiful woman, it seems like a fleeting instant; but sit on a burning hot stove for 10 minutes and it seems like an eternity :).

The paradox of illumination can similarly be described on a personal level.  Sit in completely dark room.  Really.  Completely dark.  What can you see?  Nothing.  You know little about your surroundings and can only sense your own body – in fact, you don’t even know how far your surroundings extend beyond your immediate sensations.

Now light a match.  The circle of illumination allows you to see a little of what is around you – but the perimeter and beyond are still dark.  Now light a candle.  The circle of what you can see illuminated by the light is larger than before, but the size of the perimeter beyond which you cannot see is also a lot larger than before.  The larger the light, the larger the area of illumination, but larger by far is the perimeter beyond which we know nothing.

The more we can see and the more we know and understand about the world around us, the larger the amount becomes that we don’t know.  In other words, as the circle of our knowledge grows, so does the amount of knowledge we cannot see and don’t know.  The paradox of illumination is the paradox of knowledge.  Perhaps that is why Michelangelo, when he was more than 87 years old, still said, “Ancora Imparo” (I am still learning).

2016 Metamorphosis *

Legal Bytes will soon morph** and undergo a transformation***

Watch For It

*    Metamorphosis: A noticeable change in character, appearance, function or condition.

**    Morph: To undergo dramatic change in a seamless and barely noticeable fashion.

*** Transformation: A marked change in appearance or character, especially for the better.

Advocate General Asks EU Court of Justice WHAT?

The Advocate General of the Court of Justice of the European Union recently announced that it had delivered an opinion in connection with a number of proceedings calling for a preliminary ruling in cases involving Ireland and Austria. In Ireland, the owner of a mobile phone submits that the Irish authorities have unlawfully processed, retained and exercised control over data related to its communications. In Austria, three cases brought by the Province of Carinthia have alleged the Austrian Law on telecommunications is contrary to the Austrian Constitution.

Essentially, the top EU legal advocate is asking the EU court NOT to enforce a bad law so the legislature is afforded a chance to fix it. Seriously? That is like asking the U.S. Supreme Court not to strike down discriminatory laws and give Congress a chance to fix them. Seriously?
 

Continue reading “Advocate General Asks EU Court of Justice WHAT?”

Bond Meets Bond Street: Mannequins are Watching You Shop

An Italian company, Almax S.p.A., is selling a mannequin (price tag about $5,000) in a development that is being closely watched – literally – by retailers, consumers and, of course, regulators and privacy gurus. The new product, marketed as the EyeSee Mannequin, contains a camera embedded in the mannequins eyes, and according to the company’s website: “This product will do much more; it would make it possible to ‘observe’ who is attracted by your windows and reveal important details about your customers: age range; gender; race; number of people and time spent.”

In Europe and the United States, the mannequins are making sporadic appearances – perhaps in showrooms and even in street-side display windows, gathering data as people saunter by the store gazing into the windows. According to reports, Almax may also be testing auditory capabilities that would allow a mannequin to not only see, but to hear what customers are saying as well. Hey, did you just call that mannequin a dummy?

 


(Image from Almax Website)

 

The EyeSee Mannequin has a camera placed as an “eye” that includes facial recognition technology that records information about passersby, such as their gender and race, and the software guesstimates the approximate age of each person scanned by the camera. Typically, cameras can be used in retail stores for security, but in many jurisdictions the shop owners are required to post signs alerting consumers browsing the aisles that they are subject to being recorded. Now, the EyeSee Mannequin gives retailers the ability to collect and store information for marketing purposes – a commercial purpose that may put the technology squarely under a microscope (these vision puns really must stop), since it collects personal data about individuals without their consent. That said, the current product is only supposed to record information, not any actual photographs or image scans, but . . . it could, couldn’t it?

Need to know more about the legal implications of technology in advertising and marketing? Concerned about your rights (and wrongs) in deploying surveillance equipment and gathering data and information about customers and consumers? Are you up-to-date on the latest privacy and compliance requirements? Not sure? Need to see these issues more clearly? OK, don’t be a dummy (I mean mannequin) and consult your lawyer. Don’t hesitate to contact me, Joseph I. Rosenbaum, or the Rimon lawyer with whom you regularly work. We would be happy to see you, hear you and help you.

Insight from California’s Special Assistant Attorney General for Technology

In a recent interview with Travis LeBlanc, California’s Special Assistant Attorney General for Technology, Amy Mushahwar and Joshua Marker of Rimon’s Data Privacy, Security & Management practice, obtained some interesting insight on California’s new Privacy Protection and Enforcement Unit. Mr. LeBlanc addresses current and upcoming privacy trends, and the focus of California’s enforcement actions.

You can read the entire discussion and the insights obtained right here: Rimon Attorneys Interview Travis LeBlanc, of California’s New Privacy Protection and Enforcement Unit

As always, if you need help or more information, contact the Rimon lawyers mentioned above; me, Joseph I. Rosenbaum; or any of the Rimon lawyers with whom you regularly work.

IAPP Privacy Presentation – Is the Wizard of Oz Still Behind the Curtain?

On May 10, 2012, I had the privilege of making a presentation at the IAPP Canada Privacy Symposium 2012. The title of my presentation was "Social and Mobile and Clouds, Oh My!" and it addressed some of the emerging issues in privacy, data protection and surveillance that arise as a result of globalizing technology and the convergence of social media, mobile marketing and cloud computing.

As part of that presentation (and as I have started to do for some time now in other presentations), I raised the issue of how lawyers, the law, legislators and regulators often use words to describe activities – words rooted in tradition or precedent – that are no longer applicable to the activity in today’s world. "Privacy" is such a word, although "not applicable" perhaps is too harsh. Obviously the word has significant applicability in a wide variety of situations. But "invasion of privacy" has become a knee-jerk reaction to virtually every information-gathering activity, even information readily and publicly available and, in some cases, posted, disclosed or distributed by the very individual whose privacy is alleged to have been "invaded."

Please feel free to download a PDF of my presentation, "Social and Mobile and Clouds, Oh My!" [PDF] (Note: Embedded video file sizes are too large to include), and let’s start a conversation about how we use words and how they wind up in laws and regulations. Lawyers work with words. Use them artfully and they provide powerful structures within which society, commerce and all forms of human endeavor function. Use them improperly and they cause confusion, uncertainty, inconsistency and inherently inequitable outcomes.

Seems like I am not the only one to point this out. Take a look at the insightful comments by John Montgomery, COO of GroupM Interaction, North America, as reported in a MediaPost RAW posting on Social Media entitled: If Marketing Terms Could Kill.

Kudos John. I’m with you. Let’s get it right.

FYI, Rimon has teams of lawyers who have experience and follow developments in privacy and data protection, information security and identity theft. If you want to know more, if you need counsel or need help navigating, or if you require legal representation in this or any other area, feel free to call me, Joseph I. ("Joe") Rosenbaum, or any of the Rimon lawyers with whom you regularly work.