Who Owns Your Digital

Breadcrumbs?

Jeffrey Jay Blatt, Of Counsel,

Tilleke & Gibbins International - Bangkok Thailand

Our Objectives In This Session

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• Explore what are ‘digital breadcrumbs’ and how they define your (and your organization’s) digital footprint (it’s more comprehensive than you think…)

• Discuss who owns and/or controls your digital breadcrumbs

• Understand how GDPR and other similar legislation attempts to provide users with the right to (partially) control the use of some of our digital breadcrumbs

• Discuss how governments access your digital breadcrumbs without your permission regardless of data protection laws

• Discuss whether people should have a right to a ”Digital Safe Space”

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So what CAN you do to limit your digital footprint?…..• You can do a lot - see for example

• ‘Hiding from the Internet’ (2018 4th Edition) by Michael Bazzell• Set all privacy settings to highest• Don’t provide accurate information online regarding your PII• Use a VPN, use a search engine like Duck Duck Go that does not

track (better yet don’t use a connected personal computer at all)• Don’t use a mobile phone (at all)• Don’t use any GPS/navigation apps• No credit cards under your name• Etc, etc, etc….basically live like it’s 1950

• BUT….unless you want to forego the modern necessities of the digital world – No matter what you do…it won’t be enough - you will always have a digital footprint - so make it a positive one-

OK, so what can a company do?• Minimize Data Collection and Retention Consistent with the Business• Don’t Hold Data Just Because You Can• Always Implement Privacy By Design• Implement GDPR Policies (Even if you don’t have to)• Legal Requirements are Just a Start• Make Your Data Privacy Practices a Selling Point

In Closing…..

• You don’t own your digital breadcrumbs• Your digital footprint is wide, deep, comprehensive and clearly shows

your particular ‘pattern of life’• Data protection laws like GDPR are helpful in managing the

commercial use of your digital breadcrumbs BUT• Data protection laws are limited• Governments are generally exempt from data protection legislation

or have wide exemptions for law enforcement and national security • There is no ‘digital safe space’ ….Sorry • You CAN significantly minimize your digital footprint (takes on-going

effort, lifestyle changes that most people are unwilling to do)

THANK YOU!

jjblatt@tilleke.com