This is a dynamic, urgent and critical time in global privacy, says Peter Kosmala, former VP of the International Association of Privacy Professionals and leading voice in data privacy and digital advertising strategy.

In this episode of the Privacy Matters podcast, a wonderful and unique approach to the global privacy discussion was had with Peter Kosmala, former VP of the International Association of Privacy Professionals (IAPP), privacy leader, public policy professional and sought after digital advertising strategist.

Peter has served previously as VP Platform for programmatic media company, dataxu, as SVP of Government Relations for the American Association of Advertising Agencies (4A’s) and as the first Managing Director of the Digital Advertising Alliance (DAA). Peter helped lead the IAPP during its earliest days, first as Director of Certification and then as Vice President. He oversaw the creation of the Certified Information Privacy Professional (CIPP) – the first professional credential in data privacy – and led its expansion of courses, exams and continuing education programs across five international certifications.

In a jazzy departure from the norm, Peter offers the following thematic review of what’s happening in some key privacy jurisdictions:

Thomas "Fats" Waller, "Ain't Misbehavin'" (1929)

https://www.youtube.com/watch?v=PSNPpssruFY 

Waller was the pre-eminent purveyor of the stride-piano style that defined much of "The Jazz Age" of the 1920s. He wrote this song while serving a misdemeanor sentence for violating child support obligations, although there's no reference to jail time in the song. This later became the centerpiece of a famous musical, "Connie's Hot Chocolates." It personifies the jubilant-but-naughty spirit of so much of Waller's sound and the "hot jazz" of the day. 

From a privacy perspective: this is THE UNITED STATES. It's that wink-and-a-nod sense of mischief that perfectly captures the American privacy approach of "do it until it breaks." Or, more officially, the "harms-based" approach: whereby data is allowed to flow and create value until such time that a demonstrable, tangible consumer harm is evident. Such harm is then addressed via one of a plethora of Federal, sector-specific privacy laws (or a US state law).

Duke Ellington, "It Don't Mean a Thing (If It Ain't Got That Swing)" (1931)

https://www.youtube.com/watch?v=qDQpZT3GhDg

A classic of the Big Band era, this song is self-referential in coining the very term that defines the mood and sound that is played: "swing!" Count Basie Orchestra, Benny Goodman's Band and here, the magnificent Edward Kennedy "Duke" Ellington, all helped popularize this music during the WWII years when "working together" was a critical theme for so many countries fighting the advance of Nazism. This is complex music, played by large ensembles, usually consisting of a minimum of 10 players and often swelling to 20 or more. Trumpets, trombones, saxophones a rhythm section, and sometimes a vocalist. The band leader took the podium -much as a conductor for a symphony orchestra. It's a BIG sound that asks a lot - of both its players and listeners.

From a privacy perspective: this is EUROPE. Intimidating and complex in its structures and demands, it requires deep knowledge of the underlying concepts and consummate attention to detail. If just one piece (or player) is askew, the entire production is affected. Everyone must play their part or suffer the consequences! The DPA will call you out, maybe even assess a sanction or fine, just as the Big Band conductor might glare at you and eject you from the band! Not easily portable or scalable, big band music makes demands of everyone. Much like the dense framework of the European data protection model and its extra-terretorial enforcement. If you ain't got it, it don't mean anything!

John Coltrane, "My Favorite Things" (1961)

https://www.youtube.com/watch?v=YHVarQbNAwU

The antithesis of the massive, big band sound is "Bebop," the highly creative genre that followed swing music and first emerged in the post-war years of the 1950s and 1960s. Charlie "Bird" Parker, Thelonius Monk, John Birks "Dizzy" Gillespie, and the modern prophet, John Coltrane, are some of the best examples. These were the talented leaders of comparatively smaller combos -not large orchestras- consisting of just a few players: trios, quartets and quintets. Various combinations of horn/piano/guitar/keyboard/bass and drums. Bebop was/is, on the one hand, firmly rooted in the foundations of jazz and on the other, pushing the envelope in exploring and improvising new sounds and possibilities. In this sense it is the "perfect" or purest jazz genre: bridging tradition with the future. Coltrane's version of this famous Rodgers and Hammerstein staple (from "The Sound of Music") illustrates the point: you easily recognize the signature refrain at first before the pioneering sax player twists and distorts its melodies into angular sounds you'd never imagined possible in a "pop" song.

From a privacy perspective, this is CANADA. Smartly rooted in foundational privacy principles yet adaptable and scaleable enough to evolve with the demands of consumers, economies and technologies. It is the only approach in the world that appropriately balances sound privacy protection with a pragmatic view toward tech innovation and economic growth.