January 28 is data privacy day, and I thought it an appropriate time to take a step back.  One of my greatest regrets as a practitioner is that we are always under so much crisis pressure – deadlines, both real and imagined – to get to an answer or to a piece of advice or to a deal closing, that we fail to think big. I am jealous of my peers in academia who get to read, write, and think for extended periods of time. For myself, the pandemic has afforded me a little more ability to luxuriate in big thoughts (even losing that LA freeway commute time helps). So, this post is not about the CCPA, the CPRA, cross-border data transfers, the potential for federal legislation, or any of those other strictly legislative or regulatory matters, at least not on the surface. But it is about where we find ourselves today in terms of consumer privacy, where we are going, and what those of us in the private sector should be thinking about as we travel this path.

I found inspiration for this post in an unlikely place. Conceptions of privacy sometimes meet us in unexpected ways. Dilemmas that seem new, or unanticipated, are really very old. They are concerns that have preyed upon our idealized picture of humanity for many years, but are suddenly brought to life by new technologies or new social or political realities. This one came to light for me during story time, and the big thinker in this case was writing in 1961 (or before).

During life in lockdown, I am always home for bedtime. Every other night, my eight year old daughter and I read together from a chapter book. Right now we are completing The Phantom Tollbooth. Somehow I never read it, in school or otherwise. Last night we read Chapter 18, “Castle in the Air.” As I read those words out loud and in real time, I was astonished to imagine that, sixty (60) years ago, Norton Juster had such uncanny insight. Juster saw latent threats to personal privacy and dignity that we now see playing out in our daily lives, with potentially disastrous consequences. I want to talk about the character of the Senses Taker.
Continue Reading Thoughts on Data Privacy Day 2021 – Lessons Learned From a 1961 Children’s Novel