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July 5th, 2023
What Are “Data Clean Rooms”?
Privacy & Data Security Group Chair, Daniel M. Goldberg is quoted in the article, "What Are 'Data Clean Rooms'?" published by The Markup. The article discusses the use of "data clean rooms" including proper implementation, privacy concerns, and their effectiveness in privacy regulation. Daniel is quoted saying, "So there is no silver bullet. Every clean room operates somewhat differently. It’s all subject to what the vendor is actually doing. So just like anything, it’s a marketing buzzword in a lot of ways, and the devil is in the details.”
Daniel notes that the use of clean rooms is a positive thing and believes a lot of good work has been done to integrate their use in the industry. However, he cautions that simply using a clean room does not relieve companies of their regulatory responsibilities. He adds, "While the use of clean rooms may reduce their risks, “it can’t just be like, ‘Oh, we use it, therefore we don’t have to comply with anything because we’re no longer subject to privacy law.'"
Daniel recommends the use of data clean rooms be disclosed in a company’s privacy policy. "I would say the number one concern is the lack of knowledge from consumers that this is actually happening. There’s an issue where these clean rooms don’t have a direct relationship for the most part with consumers.… How could a consumer ever figure this out?”
In conclusion, he says, "If you’re going to engage in data clean room activities, you need to make sure that you’re giving users [a] choice about this. And if they want to be able to opt out, you should allow them to opt out.”
Read the full article here.
Other Quoted
Advertising Opt Outs Drive New Privacy Strategies in 2025
Cybersecurity Law Report quotes Daniel M. Goldberg in an article on how the advertising industry is facing greater scrutiny from state AGs as more people opt out of targeted ads. The report covers Google’s backtracking on plans to block third-parties’ tracking cookies amidst adtech’s adoption of cookieless personal identifiers; upcoming legal decisions; and compliance areas that adtech should consider in the coming year. View article. (Behind paywall. Contact author Matt Fleischer-Black for complimentary PDF.)
December 18 2024
The Biggest Copyright Decisions of 2024
Law360 quotes Jacqueline Charlesworth on the Hachette Book Group Inc. v. Internet Archive lawsuit, in which the Second Circuit affirmed a Manhattan federal judge’s ruling that a nonprofit’s scanning books to a create e-books was not fair use. (Behind paywall) View Article
December 17 2024
Deciphering the New CPPA Proposed Regulations for Data Brokers
Cybersecurity Law Report quotes Daniel M. Goldberg on the CPPA's proposed regulations that expand upon and clarify key provisions of the Delete Act, broadening the universe of what entities constitute a data broker. (Behind paywall) View Article
December 12 2024