The Future of Data Privacy and Digital Privacy Policymaking in the United States and European Union

On July 12, 2018, Meridian partnered with Google and the International Visitor Leadership Program to discuss the current state of affairs surrounding the U.S. approach to data privacy and digital privacy policymaking. This roundtable allowed companies to engage in an open dialogue with high-level French experts in data privacy and artificial intelligence to discuss the future of privacy policy in the U.S. and European Union.

David Lieber, Senior Privacy Policy Counsel at Google, opened the discussion with remarks about the recently passed Clarifying Lawful Overseas Use of Data (CLOUD) Act, emphasizing the need for an updated legal framework surrounding technological innovation. The CLOUD Act will help alleviate the demand on the U.S. government under the current system of Mutual Legal Assistance Treaties (MLAT), which requires government officials to process foreign requests for data held by private American companies. Mr. Lieber explained the current complications of data sharing between U.S. service providers and foreign governments, a difficulty that will hopefully be relieved by the CLOUD Act.

Megan Brown, a partner at Wiley Rein LLP, moderated the discussion between private sector officials in attendance and the IVLP participants Yann Bonnet, High Level Expert on AI for the European Commission; Emile Gabrié, Advisor to the President and the Secretary General for the Data Protection Agency (CNIL); and Alban De Nervaux, Head of Legal and International Affairs for the Ministry of Culture and Communication. The group debated future privacy protection requirements given the European Union’s recent passing of the General Data Protection Regulations (GDPR), as well as topics like artificial intelligence, the economic opportunities and burdens created by stricter privacy policies, and the role of the consumer in privacy regulation.

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