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July 14 - Avoiding the Pitfalls of Data Mining

Compliance Week interviewed Francoise Gilbert in connection with the article "Avoiding the Pitfalls of Data Mining." In order for companies to reduce their risk of liability arising from enforcement actions or litigation, Francoise advises companies to be transparent about their data handling practices - consumers should be made aware of what personally identifiably information is being collected, why it's being collected and with whom it may be shared. Francoise also highlights how the "privacy by design" concept should be adopted by companies when they are developing a new website or a mobile application. This approach would result in privacy protections being incorporated and embedded into the design and development of a product rather than being considered as an afterthought after the product launch.

There article is available here (subscription required).

JULY 2015 - BNA Privacy and Security Law Report

July 13 - "Improving Breach Notice Laws: Examining Text and Compliance Around the World"

Bloomberg BNA Privacy and Security Report has published an article, on security breach laws, written by Francoise Gilbert. In her article, Improving Breach Notice Laws: Examining Text and Compliance Around the World, Francoise examines the numerous different constructs of data breach laws throughout the world and highlights how compliance with these different approaches can, at times, be confusing and challenging for companies.

You can access the article here

June 2015 - Corporate LiveWire

June 8 - Corporate Livewire Roundtable on Cybersecurity

Corporate Livewire invited Francoise Gilbert to participate in an expert roundtable on cybersecurity. The discussion centered a range of cybersecurity issues, including topics such as different models adopted by companies to manage cybersecurity, analyzing the motives behind cybersecurity attacks and highlighting the opportunities and risks presented by big data. 

You can access the roundtable discussion here

MAY 2015 -

May 4 - "Holding Websites Liable for False Data"

GovInfo Security news site interviewed Francoise Gilbert regarding the consequences of the Spokeo case, which is now before the Supreme Court. The case examines whether the fact that a company violated a law is sufficient for an individual to sue that entity even though he has not suffered any tangible damages. The ruling will be very important for future class actions.  If the Supreme Court holds in favor of the plaintiff in this case, the decision will make it much easier for individuals to sue companies.  If the Court holds in favor of Spokeo, there will be less class action suits. The ruling is especially important in privacy and security related lawsuits where plaintiffs often find it difficult to prove that they suffered actual damages.

A full copy of the article is available here

April 2015 - LexisNexis Corporate Counsel Newsletter

April 27 - "The Burgeoning Cloud- Risks to Communicating and Storing Off Site"

The LexisNexis Corporate Counsel Newsletter has published an article, featuring Francoise Gilbert, which highlights key considerations for attorneys and law firms that use, or are currently contemplating the use of, cloud computing services.

Among the numerous recommendations that Francoise makes in the article, she advises conducting internal and external due diligence to determine the potential constraints that may prohibit or restrict the use of cloud services by a law firm or legal department. 

A full copy of the article, detailing Francoise's recommendations, is available here.

April 2015 - Today's General

April 23 -  "The Long Reach Of Europe's Right To Be Forgotten"

Today's General Counsel has published Francoise Gilbert's article, "The Long Reach Of Europe's Right To Be Forgotten." Francoise outlines the fallout from the Costeja judgment and how the right to be forgotten has now extended beyond the purview of the European Union with legal cases, similiar to the Costeja case, being lodged in Asia and in the Americas. 

You can access a full copy of the article here


March 2015 -

March 13 - "Seeking Compromise on Data Breach Notice Bill"

GovInfoSecurity asked Francoise Gilbert, for her views on the draft bill that seeks to create national requirements for data breach.

Francoise points out that the bill (Data Security & Breach Notification Act of 2015), currently before Congress, could have the unintended consequence of eliminating some of the existing protections that are provided by current state data breach laws. In this context, Francoise cites the example of those states that presently extend breach notification requirements to non-digital documents. She points out that as the current draft of the bill does not cover paper documents, if enacted it would void the current protections afforded to paper based records by some states.

A full copy of the article is available here.


March 2015 -

March 2 - "Cool Reception for Obama's Privacy Plan"

GovInfoSecurity asked Francoise Gilbert to provide her assesment of the discussion draft of the Consumer Privacy Bill of Rights Law.

While agreeing that federal privacy legislation is required, Francoise highlights that the current draft bill lacks clarity and guidance, which would make it difficult for covered entities and their advisors to define and measure what they are required to do in order to comply with the provisions of the bill as they currently stand.

A full copy of the article is available here.


January 2015 - "A CISO's introduction to enterprise data governance strategy"

TechTarget has published Francoise Gilbert's article, "A CISO'S intoduction to enterprise data governance strategy." The article, which is definitely a must read, provides a number of  useful suggestions on the top priorties that businesses should consider when defining, and maintaining, their data governance strategies. 

A full copy of the article is available here.


January 2015 -

January 22 - "Is Barack Obama a Cybersecurity Leader?"

Francoise Gilbert was asked to comment on President Obama's record on cybersecurity for Eric Chabrow's "Is Barack Obama a Cybersecurity Leader?", which was published on GovInfoSecurity. 

While acknowledging the President's significant interest in Information Technology and his active role in pushing security and privacy legislation, Francoise believes that there is still room for improvement. A full copy of the article is available here


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