The Sedona Conference Working Group 11 Annual Meeting 2024

Date: 
Thursday, May 2, 2024 - 8:45am to Friday, May 3, 2024 - 1:00pm

Location:
Four Seasons Hotel
Minneapolis, MN

Register today for the 2024 Annual Meeting of WG11, to be held at the Four Seasons Hotel Minneapolis in Minneapolis, Minnesota, on Thursday-Friday, May 2-3, 2024. A welcome reception will be held in the evening of Wednesday, May 1, from 6:00-8:00 pm.

The meeting's primary focus will be on new drafts and brainstorming group outlines in need of WG11 member review and comment, inlcuding the following topics:

  • Draft Second Edition of The Sedona Conference Data Privacy Primer
  • Draft Commentary on Privacy and Security of Health Data
  • Legal implications of artificial intelligence in automated decision-making
  • Online tracking

The meeting will also feature the following sessions:

  • Privacy and data security legislative and regulatory update
  • Privacy and data security litigation update
  • Practical approaches to incident response in 2024
  • WG11 town hall

Hotel Reservation Informaton

We have obtained a very favorable group rate at The Four Seasons Hotel Minneapolis of $299 per night (plus tax) for a limited block of guest rooms on the nights of May 1 and 2. The hotel will be holding the block of rooms until April 8, 2024. After that date, the hotel will release any unsold rooms for sale to the general public. The Group Rate will be available for 3 nights preceding and 3 nights following the dates of the Room Block, but subject to availability of “Run of House” rooms at the time of reservation. So, if you wish to book for additional nights, we recommend that you do so as soon as possible.  Reservation Information will be provided in your meeting registration confirmation email.

CLE

The Sedona Conference will seek CLE accreditation for this meeting in selected jurisdictions (except Virginia) as dictated by attendance.

Dialogue Leaders

iDiscovery Solutions
iDS

Washington, DC, USA

Lockridge Grindal Nauen PLLP

Minneapolis, MN, USA

Norton Rose Fulbright

Mercer Island, WA, USA

McShane & Brady, LLC

Kansas City, MO, USA

New Jersey Division of Law

Newark, NJ, USA

HALOCK Security Labs

Schaumburg, IL, USA

Alston & Bird

Atlanta, GA, USA

Polsinelli

Birmingham, AL, USA

WilmerHale

Washington, DC, USA

Crowe Global

Houston, TX, USA

BakerHostetler LLP

New York, NY, USA

Shook, Hardy & Bacon

Denver, CO USA

Shook, Hardy & Bacon

Kansas City, MO

The Sylint Group

Sarasota, FL, USA

Federal Communications Commission

Washington, DC, USA

DiCello Levitt LLP

Chicago, IL, USA

Littler Mendelson P.C.

Minneapolis, MN, USA

HaystackID

Chicago, IL, USA

California Privacy Protection Agency

Sacramento, CA, USA

SafeGuard Privacy Inc.

Sarasota, FL, USA

Eversheds Sutherland

Washington, DC, USA

Shook, Hardy & Bacon, LLP

Kansas City, MO, USA

Cleveland State University College of Law

Boston, MA, USA

Denver, CO, USA

Pennsylvania Office of Attorney General

Philadelphia, PA, USA

Becker & Poliakoff, P.A.

Fort Lauderdale, FL, USA

Faegre Drinker Biddle & Reath LLP

Chicago, IL, USA

Bennett Jones LLP

Toronto, ON, Canada

Lockton Companies

Dallas, TX, USA

South Carolina Department of Administration

Columbia, SC, USA

Dell Technologies

Johns Creek, GA, USA

BakerHostetler

New York, NY, USA

Indiana Attorney General

Indianapolis, IN, USA

United States District Court for the District of Minnesota

St. Paul, MN, USA

Arnold & Porter

New York, NY, USA

Gowling WLG

Ottawa, Canada

Privacy Commissioner for Bermuda

Hamilton, Bermuda

Seyfarth Shaw LLP

Chicago, IL USA

WG11 Annual Meeting 2024 Agenda

Time  Session  Panelists
  Wednesday, May 1, 2024  
6:00pm — 8:00pm Evening Welcome reception  
  Thursday, May 2, 2024  
8:00am — 9:00am Breakfast & Sign-in  
9:00am — 9:15am Welcome & Overview Drum, Weinlein
9:15am — 10:30am Draft Data Privacy Primer, Second Edition  
  A panel of WG11 drafting team members will lead a dialogue with all attendees on their outline of recommended changes for a Second Edition of the Data Privacy Primer that, among other updates, (1) revises the Primer to address key U.S. federal and state legislative and regulatory changes and case law updates since its publication and 2) expands the Primer to include certain international privacy laws. Hansen, Kemnitz, McCarthy*, Swetnam, Wagner
10:30am — 10:45am Morning break  
10:45am — 12:00pm Online tracking  
  Online tracking technologies increasingly present unique challenges to organizations’ legal and marketing teams as technologies evolve, compliance obligations change, and laws that have been in place for years like the Video Privacy Protection Act and two-party wiretapping statutes are being reinterpreted and tested by consumers in online marketing contexts. A panel of brainstorming group members will lead a dialogue on their outline proposing principles to help guide compliance and consistency in this area looking toward further development of these as part of a potential Commentary. Baxter-Kauf, Hatcher, Matus, Posedel, Sterling*
12:00pm — 1:00pm Lunch  
1:00pm — 2:00pm WG11 town hall  
  WG11 Steering Committee members will lead a dialogue amongst the WG11 members in attendance on progress made on the work product of the Working Group, and by the Working Group as a whole. WG11 member input will be sought regarding the future direction of WG11, including ideas for existing and new commentaries and projects. In addition, Steering Committee member Alex White, who serves as Bermuda’s first Privacy Commissioner, will provide an update on his office’s latest efforts to ensure compliance with Bermuda’s Personal Information Protection Act. He will also share some highlights from the Global Privacy Forum, an annual meeting of global data protection authorities that was held in Bermuda this past fall. Baxter-Kauf, Drum*, Evers, Kemnitz, McCarthy, Meal, Moncure, Murphy, Shook, White
2:00pm  — 3:15pm Draft Commentary on Privacy and Security of Health Data  
  The panel will lead a dialogue on its latest draft commentary on a potential new legislative framework to address health data and guiding principles for addressing privacy and security concerns. The draft commentary will address whether HIPAA adequately covers consumer health data and non-traditional health data uses, given HIPAA’s focus on healthcare providers that bill insurance, the proliferation of health data generated outside of the traditional medical and insurance fields, and the innovative new uses of health data in which companies are engaging. The draft commentary will propose an alternative framework that should be developed to address health data at the state or federal level. Brady, Cronin, Romine*, Vibbert
3:15pm — 3:30pm Afternoon break  
3:30pm — 5:00pm Privacy and data security legislative and regulatory update  
  The panel will lead a dialogue on important updates in the U.S. federal legislative and regulatory space. It will also focus on important updates in U.S. state legislative and enforcement activity, focusing particularly on the enhanced consumer privacy laws set to take effect. Chand, Jou, Macko, Murphy*, Swetnam
5:00pm — 7:00pm Reception (guests invited)  
  Friday, May 3, 2024  
8:00am — 9:00am Breakfast & sign-in  
9:0am — 10:15 Practical approaches to incident response in 2024  
  Tabletop exercises are a crucial tool to test incident response plans in simulated data breach scenarios. In this panel, dialogue leaders will address a simulated security incident and discuss how key stakeholders including organizations, their business teams, counsel, and forensic investigators can prepare for and respond to a data breach. During the tabletop, dialogue leaders will reference and utilize WG11’s draft Incident Response Guide, Second Edition, which provides updated guidance for organizations and practitioners as they navigate and adapt to rapidly evolving technologies and an expanding threat landscape. Falk, Gyasi, Jorgensen, Moncure*, Promislow
10:15am — 10:30am Morning break  
10:30am — 11:45am Privacy and data security litigation update  
  The panel will lead a dialogue on not only the most significant court decisions regarding privacy and data security in the past year, but also court filings that raise novel claims and defenses (even if the cases themselves are pending or have settled), with the goal of bringing WG11 members up-to-the-minute on where the case law currently is – and more importantly, where it could be heading in the future. Blanchard, Keller*, May, Tostrud, Yovanic
11:45am — 1:00pm Legal implications of artificial intelligence in automated decision-making
  Generative AI presents an opportunity for more automated decision-making use cases than many privacy laws accounted for at the time they were enacted. A panel of brainstorming group members will lead a dialogue on their updated outline analyzing privacy issues related to use of AI in automated decision-making, particularly focused on how laws in this space can strike the appropriate balance between automated analysis and human oversight. Ackert, Dalziel, Korolyov, Polenberg, Sella-Villa*
1:pm — 2:00pm Grab & go lunch (provided)  

*Panel Moderator

Date: 
Thursday, May 2, 2024 - 8:00am to Friday, May 3, 2024 - 2:00pm