Making a case for “Notice” in Privacy: Avoiding a basic Data Privacy Misstep
“Failing at Notice in privacy is like tripping over your shoelaces at a marathon's starting line, it is embarrassing and highly avoidable.”
-- Debbie Reynolds “The Data Diva”
As organizations globally contend with increasingly stringent data privacy and data protection regulations, many organizations are overly focused on obtaining and managing consent. While consent may be one of the most crucial legal basis to consider for processing of personal data, overemphasizing it has led to neglecting a foundational principle of privacy that should be considered before consent or other kinds of legal basis: Notice. Overlooking the importance of notice can be a serious oversight that can seriously affect legal compliance, transparency, and consumer trust. Notice, in its most basic form, informs individuals that their personal data is being collected. Despite its simplicity and importance, many organizations fail to provide notice effectively or completely. This essay explores the concept of notice, why it is essential, how organizations often fall short, and why it deserves renewed attention in an increasingly complex digital environment.Understanding Notice: The Simplest Privacy ObligationNotice, at its core, informs individuals about personal data collection activities. It is the starting point of transparency and the most basic privacy requirement. Notice and consent are two different things; notice ensures that individuals know that their personal data is being collected, and provides that “what,” not necessarily the “how” or the “why”. One of the simplest notice illustrations I have seen is found in a common scene on U.S. highways—a sign that reads, “Notice: Video Surveillance is in Use.” This sign is effective because it is simple, clearly worded, highly visible, and delivers essential information. It demonstrates that notice does not need to be complicated or overly detailed to fulfill its function.Despite the simplicity of notice requirements, many organizations still fail to provide adequate or appropriate notice. This failure is akin to tying one’s shoelaces together and attempting to run a marathon—a completely avoidable misstep that can lead to unnecessary complications. As emerging technologies like artificial intelligence, the Internet of Things (IoT), and biometrics become embedded in business operations, clear and adequate notice becomes even more important. Yet, many companies remain unaware of these changing obligations or struggle to translate those evolving obligations into effective communication with consumers.Jurisdictional Variability: Notice is Not One-Size-Fits-AllOne of the primary reasons notice can be confusing is that its requirements can vary widely by jurisdiction, technology used, and the data collection type. While a general notice of data collection is the baseline, certain laws demand more specificity. The Illinois Biometric Information Privacy Act (BIPA) is a prime example of this complexity. Under BIPA, organizations are required not only to inform individuals that their biometric data is being collected but also to disclose their data retention policies at the time of data collection. Failure to include such information in a notice has led to severe financial consequences for many companies. In fact, BIPA violations have resulted in over one billion dollars in settlements and fines, including failures to provide sufficient notice regarding data retention.This example highlights how organizations may erroneously believe securing consent for data collection is enough. In reality, some laws may mandate additional disclosures. The gap between what kind of notice organizations provide and what the law requires demonstrates a common misunderstanding. Insufficient notice may leave companies vulnerable to legal and reputational damage.Complexity: When Notice Becomes a MazeAnother pitfall organizations encounter is making notice overly complex. Some companies bury notice information in documents that exceed 80 pages, often distributed across multiple sections or websites. This approach, rather than empowering individuals, confuses and discourages them. The opacity of such documentation often hinders individuals from understanding that their data is being collected and from exercising their privacy rights effectively.The purpose of notice is to promote transparency, not to overwhelm or mislead. When notice becomes convoluted, it loses effectiveness and defeats its core intent. Simplicity, accessibility, and clarity should be prioritized. A well-crafted notice statement should be understandable to an average person. Notice is a matter of regulatory compliance and an ethical obligation for organizations that handle personal data.Lack of Clarity: Legalese as a BarrierEven when notice is present, it can often be rendered ineffective by the overuse of legal jargon. Too many privacy statements are written in overly wordy language or filled with complex legal terminology, making them difficult to interpret for anyone without a legal background. Such practices do little to serve consumers and may even be interpreted by regulators as intentionally unfair or deceptive.In contrast, the clear, plain language of a notice fosters trust. It allows individuals to make informed decisions about their personal data and supports the principle of informed notice. Regulatory bodies around the world have repeatedly emphasized the importance of transparency and clarity with notice. Failing to meet these expectations diminishes consumer confidence and can result in regulatory scrutiny and penalties.The Consequences of Absence: When Notice is Missing EntirelyThe most egregious failure related to notice is its complete absence. Some organizations do not provide any notice of data collection or use, often due to a lack of awareness about when notice is required. This issue is particularly pronounced when businesses adopt new technologies without fully considering their privacy implications.A compelling example is the implementation of biometric time clocks in the workplace. Employers may upgrade from a manual punch-in system to a fingerprint-based timekeeping system. For example, if an employer has employees in Illinois, this change triggers new obligations under BIPA, including providing notice before collecting biometric data. Because the manual punch-in system did not involve collecting biometric data, the employer may not realize that the new system introduces a new need for notice. This oversight could have significant unintended costly legal consequences, as seen in numerous BIPA-related lawsuits.Emerging technologies often introduce hidden data privacy and data protection risks. As businesses adopt AI-driven tools, automated decision-making systems, and biometric verification, they may unknowingly cross into new regulatory territories. In these cases, the absence of notice is not just a technical error—it is a legal and ethical failure that exposes individuals to privacy risks and organizations to legal jeopardy.Building a Culture of Notice: Practical Steps ForwardOrganizations should adopt a more thoughtful and proactive approach to avoid these missteps. The best next steps are:1. Conduct Regular Assessments - Organizations should regularly assess their data collection activities, especially when new technologies are introduced. These assessments should identify when and where notice is required and ensure that all relevant information is disclosed.2. Simplify Language - Notice should be written in plain language, free of legal jargon, and easy for the average person to understand. Tools like layered notices, infographics, and video explanations can help communicate complex ideas more effectively.3. Be Transparent About Retention -nbsp; In BIPA-related cases, disclosing data retention periods is critical. Organizations should clearly state how long data will be stored and under what conditions it will be deleted. Organizations should also be aware that notice requirements may differ by jurisdiction.4. Make Notice Accessible - Notice should be easy to find and read. This means not hiding it behind multiple links or placing it in hard-to-navigate sections of websites or apps.5. Train Staff and Update Policies -nbsp; Employees, particularly those involved in deploying new technologies or collecting personal data, should be trained on notice requirements. Privacy information should be in living documents that evolve with technological and legal developments.6. Leverage Privacy by Design -nbsp; Incorporating notice into the design of systems and technologies helps ensure privacy obligations are considered from the outset, not an afterthought.Reclaiming the Value of NoticeNotice remains one of the most critical tools in the evolving data privacy landscape. It is not merely a formality but a fundamental component of privacy that empowers individuals, ensures transparency, and reinforces trust between organizations and the public. While consent often takes the spotlight in data protection discussions, notice must not be relegated to the background. Its role is foundational—without it, even the most well-intentioned privacy practices are incomplete.By simplifying, clarifying, and prioritizing notice, organizations can reduce legal risk, meet regulatory expectations, and build meaningful relationships with individuals based on transparency and accountability. When data is increasingly valuable and privacy is scrutinized, effective notice is not just a legal requirement—it is about making data privacy a business advantage.Do you need Data Privacy Advisory Services? Schedule a 15-minute meeting with Debbie Reynolds, The Data Diva.Need a Keynote Speaker on Data Privacy, Data Protection, and Technology issues? View our keynote speaker page for popular talks and topics. Ready to speak to The Data Diva about your speaking event? Fill out our speaker request form and Schedule a call now.Debbie Reynolds The Data Diva Keynote AddressesIm thrilled to extend my heartfelt thanks to TikTok, US Senate, Volkswagen Credit, USDA, Ally Financial, National Grid, Lawrence Livermore National Laboratory, Northwestern Mutual, PayPal, Coca-Cola, FRTIB, Hewlett Packard Enterprises, WestRock, Capital Group, Johnson amp; Johnson, Uber, Samp;P Global, FDIC, DHL Supply Chain, The Erikson Institute, and Rubrik for the privilege of being your Keynote Speaker. Your commitment to innovation and excellence is inspiring, and Im honored to have contributed to your events.👉 Ready to elevate your Data Privacy and Emerging Tech game? Contact me today for a 15-minute call to book your teams virtual or in-person customized keynote or workshop session! Reply to this post or Direct Message me for details. Here is the #1 most requested Data Privacy Keynote and Workshop for 2025:Data Privacy and the Three Pillars of Human-Centric Data UseDo you need a Keynote or workshop? Schedule a 15-minute meeting with Debbie Reynolds, The Data Diva, to discuss your needs.The Pact Data Privacy Trust FrameworkDebbie Reynolds, The Data Diva, launched the PACT Data Privacy Trust Framework amp; Scorecard. This Framework can evaluate regulatory and business risk and the Trust of individuals around Data Privacy. It is a gut check for organizations of all sizes to rate and triage their Data Privacy challenges. This Framework addresses Purpose, Alignment, Context, and Transparency. Watch this video to learn the basics as Debbie Reynolds explains the PACT Data Privacy Trust Framework amp; Scorecard in 6 minutes.Download our four-page PACT Framework Document here!Visit our website to learn more about the PACT Data Privacy Trust Framework amp; Scorecard.🌍 Debbie Reynolds and The Data Diva Talks Privacy podcast has reached a major milestone - 637,533+ downloads as of April 2025! 🎧If anybody knows where to go for the types of conversations that they need to have on Data Privacy, you are that person. You are a rock star in this space. – Dr. Nicol Turner Lee🙏 I want to thank our amazing listeners from over 124+ countries and 2778+ cities worldwide. Your support and enthusiasm have been nothing short of extraordinary! Also, I want to recognize The Data Privacy Advantage Newsletters 14,500 + subscribers who faithfully read, comment, and share our work. 🌎🌍🌏Here are more of our accolades:#1 Data Privacy Podcast Worldwide 2023 (Privacy Plan)The 10 Best Data Privacy Podcasts In The Digital Space 2024 (bCast)nbsp;Best Data Privacy Podcasts 2024 (Player FM)Best Data Privacy Podcasts Top Shows of 2024 (Goodpods)Best Privacy and Data Protection Podcasts of 2024 (Termageddon)Top 40 Data Security Podcasts You Must Follow 2024 (Feedspot)Watch a video short of our podcast The Data Diva E231 - April 8, 2025 - Soribel Feliz, AI Governance, National Security. AI Coach - Ex-Meta. Former Diplomat. Here is a sneak preview of our Data Diva Podcast guests:The Data Diva E230 - April 1, 2025 - Lawrence Gentilello, CEO amp; Founder at Optery, Personal and Company Data RemovalThe Data Diva E231 - April 8, 2025 - Soribel Feliz, AI Governance, National Security. AI Coach - Ex-Meta. Former DiplomatThe Data Diva E232 - April 15, 2025 - Caroline Lancelot Miltgen, Social amp; Behavioral Scientist (PhD), Consumer/UX Privacy and Responsible AI ExpertThe Data Diva E233 - April 22, 2025 - Peter Cranstone, CEO, 3PMobile, Digital Ecosystems and Consumer Choicenbsp;The Data Diva E234 - April 29, 2025 - Marko Dinic - CEO,nbsp; Jatheon Technologies, Inc., Data Archiving and ComplianceListen and subscribe to the new weekly episodes ofnbsp;The Data Diva Talks Privacy Podcast.Introducing Debbie Reynolds “The Data Diva” Power Play Series: Volume #6 –Data Guardians: Ethics, Inference, and the Future of Data Privacy💃🏽 Introducing Debbie Reynolds “The Data Diva” Power Play Series: Volume #6 –Data Guardians: Ethics, Inference, and the Future of Data PrivacyThe Data Diva Power Play, a new monthly YouTube series where we dive deep into our award-winning “The Data Diva” Talks Privacy Podcast vault. This series highlights essential conversations with global experts that business leaders need to know about Data Privacy and Emerging Technology topics that matter most RIGHT NOW.🔍 The Data Diva Power Play features four high-demand, timely podcast episodes showcasing actionable insights and groundbreaking discussions. Playlist Length:nbsp; 3 hours, 10 minutes, 19 secondsIn Volume #6: Data Guardians: Ethics, Inference, and the Future of Data Privacy, nbsp;We explore:🎯Jeff Jockisch (Data Brokers amp; Data Privacy)Debbie Reynolds and Jeff Jockisch dissect the opaque world of data brokers, exploring how unregulated data aggregation harms individuals and businesses. They advocate for purpose-driven data collection laws and discuss Jeff’s groundbreaking dataset tracking brokers’ unethical practices.🎯David Kruger (Cybersecurity amp; Data Control)Debbie and David Kruger go into self-defending data technologies, emphasizing encryption and cryptographic controls to secure information even when breached. They critique outdated “castle-and-moat” security models and highlight the urgency of global standards for third-party data transfers.🎯Jennifer Pierce, PhD (Ethical AI amp; Human-Centered Tech)Debbie and Jennifer Pierce tackle the ethical pitfalls of AI, arguing for decentralized, human-centered innovation to combat bias and corporate monopolies. They stress the need for psychological safety in tech workplaces and data sovereignty as a fundamental human right.🎯Kurt Cagle (Semantic Web amp; Data Bias)Debbie and Kurt Cagle unpack the Semantic Web’s power to structure data for smarter AI, while warning of biases in rigid classification systems. They debate the ethics of inference-driven profiling and call for transparency in how algorithms shape societal narratives.📺 Join the ConversationWatch or listen to all episodes of Volume #6: Data Guardians: Ethics, Inference, and the Future of Data Privacyon our YouTube playlist, and stay tuned for more impactful discussions designed to help companies thrive.🎥 Playlist Link: https://lnkd.in/dVKYysjxEmpower your organization to master the complexities of Privacy and Emerging Technologies! Gain a real business advantage with our tailored solutions. Reach out today to discover how we can help you stay ahead of the curve. 📈✨The Data Diva Talks Privacy Podcast offers podcast sponsorships. Each level reflects a different degree of involvement and support for the podcast, catering to a wide range of sponsors from different sectors of the privacy community. 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It offers a platform for sponsors to gain recognition and associate their brand with privacy advocacy, typically including basic branding and acknowledgment in our newsletter materials.In addition, and by popular demand, we have expanded our Influencer offerings to include:Social Media LinkedIn PostCo-written Article for Your WebsitePodcast 30-second Advertisement Read by the Data DivaData Privacy Advantage Newsletter MentionPodcast SupportersData Diva ExclusivesWebinar Guest Speaker PanelistPodcast Sponsorship: 1 month, 3 months, 6 months, 12 monthsFour Pack - Past Episode Ad Placement per 4 episodesWant to be a podcast sponsor to reach a broader audience? Schedule a 15-minute meeting with Debbie Reynolds, the Data Diva.Do you need a Data Diva Exclusive? Courtesy of Data Diva Media and The Data Diva, in cooperation with our podcasts generous supporters, I am happy to share some valuable exclusives with our newsletter subscribers.Do you need and AI Literacy Course? 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Here is a collection of a few of my 2025 media mentions and collaborations:📆nbsp;Many thanks to MIT Horizon for Hosting Debbie Reynolds, The Data Diva, as the speaker for the Event: Data Deletion in AI Systems: The Illusion of Erasure and its Privacy Implications: The Right to be Forgotten meets Artificial Intelligence. 📆nbsp; Many thanks to the University of Illinois for Hosting Debbie Reynolds, The Data Diva, as the keynote speaker for the Eventnbsp;5th Annual Privacy Everywhere Conference hosted by the University of Illinois Urbana-Champaign. This year’s theme,nbsp;Human-Centered by Design,nbsp;focuses on balancing innovation with privacy rights and ethical data use. My speech was called Human-Centricity in Data Systems: Data Privacy and Ethical Data Use in a Rapidly Evolving Technological Age. Watch the full keynote (52 minutes) here: 🔗 https://lnkd.in/gqPXHNhr🤯 What Happens When the Car You Once Relied On Becomes a Tool of Intimidation?In the latest episode of The FeaturesTalk Podcast we discussed a chilling case where a husband weaponized his vehicle’s companion hashtag#app during a divorce battle, using hashtag#remote hashtag#access to stalk his wife! In September 2024, California enacted a hashtag#law requiring connected car hashtag#manufacturers to allow drivers to disable remote access to their vehicles. This measure is designed to prevent abusers from tracking hashtag#survivors through vehicle systems, addressing concerns about technology-enabled stalking. 👇🏽 If you have not tuned into our latest episode with Debbie Reynolds, do yourself a favor and click the link to learn how to protect your data in a connected vehicle. https://lnkd.in/gW2fvimpAI doesn’t forget. But have we truly thought about what that means for security amp; compliance?To quote Debbie Reynolds, Chicago based Chief Data Officer and a Leading voice in Ethical practices, Unlike humans, AI retains, transforms, and repurposes data indefinitely. Without clear governance, this leads to security breaches, compliance risks, and a trust crisis.🔹 How AI data flow differs from traditional data governance🔹 Why businesses must rethink AI retention policies to stay compliant🔹 The key to balancing AI innovation amp; responsible data management💡 Future-proofing AI isn’t just about innovation—it’s about trust amp; governance.🎥 Watch now amp; take control of your AI data flow: https://lnkd.in/gyvmFYEA🎧 Listen on the go:🔹 Spotify: https://lnkd.in/gcVfH_77🔹 Amazon Music: https://lnkd.in/enh4i7YB🔹 Apple Podcasts: https://lnkd.in/erWNrhe7📢 Follow AI ON US for weekly expert insights on AI security amp; compliance!🚨 Calling All Legal, Board Members, ornbsp; Board-Interested Professionals to discuss Boards, AI, andnbsp; Privacy🚨I am speaking at the Practising Law Institute (PLI) CLE session on AI, Privacy, and Governance: Boardroom Imperatives in the Age of Transformation! 🌍📅 Date: April 1, 2025🕒 Time: 3:00 PM EST (1 hour briefing)📍 Where: Register and Watch Online🔗 Register here:https://lnkd.in/gV8ZSdkK Debbie Reynolds “The Data Diva” Data Privacy and Emerging Technology Expert🎤 Avril Ussery Sisk NACD.DC Many thanks to the Practicing Law Institute for having me be a panelist to present my Privacy is Safety Privacy Framework in a session called: 📢 Privacy as an Ethical Duty: Legal and Ethical Non-Legal Implications of the Safety by Design Framework for Data Protection. 📌 Register today for the replay: https://lnkd.in/gqBwXz2H🚨Hey check me out on the Digiday podcast with Tim Peterson.I have had the pleasure of collaborating with Tim for many years on privacy stories so it was great to do this podcast with Tim. Check it out to get an idea of what is happening in privacy in the US and beyond right now and what you need to know for the future. Listen: https://digiday.com/marketing/what-this-years-coppa-update-means-for-marketers-with-privacy-expert-debbie-reynolds/🚨The recent Law.com article, “Compliance With the EU’s AI Act Lags Behind as First Provisions Take Effect,” by Ella Sherman quoting Debbie Reynolds Reynolds “The Data Diva” highlights a critical challenge: as the first provisions of the EU AI Act take effect, many organizations remain unprepared for compliance.From the article: Debbie Reynolds, Founder and CEO of Debbie Reynolds Consulting underscores the lack of awareness among companies, stating:“For the most part, a lot of companies aren’t aware [of this rule] because part of the prohibition of things that are considered unacceptable risk is that you have to do a risk assessment.”She further notes that larger organizations may have dedicated AI staff to handle compliance efforts:“Some of the bigger companies maybe have people on board that [perform AI assessments]—special people, AI staff.”This discussion also ties into another key provision of the EU AI Act, which took effect this week. Article 4 mandates that AI providers and deployers ensure employees have a “sufficient level” of AI literacy, covering both capabilities and risks.The conversation around AI governance and risk assessments is becoming increasingly urgent. Organizations must prioritize compliance efforts now to align with evolving global regulations.Thank you, Ella Sherman, for shedding light on this important topic! https://lnkd.in/gjw6xCUQPlease see our website media mention section for a full list of media mentions.🚨 Introducing the “Deep Dive - The Data Privacy Advantage Podcast! 🚨Curated by Debbie Reynolds, “The Data Diva”I am happy to introduce a brand new Data Diva Media podcast series exclusively for YouTube and LinkedIn:🚨This AI podcast, created using the experimental Google Notebook LM audio overview feature, offers curated deep dives into some of my most popular Data Privacy Advantage Newsletter essays. Each episode is a dual-host, short, entertaining, and insightful exploration of the practical and actionable guidance that matters most in data privacy and emerging technology. It provides a new lens for “The Data Diva” insights—perfect for busy professionals on the go!🆕Episode 005 - Beyond Regulation Risks: Data Privacy Strategies for Organizations🎧22 minutes📅 Watch Episode Now on Linkedin or via YouTube: https://youtu.be/losXprhyjJI📅Subscribe the the entire podcast on YouTube here to be alerted to new episodes: https://lnkd.in/gHR7EhKdWere excited to support Pamela Isoms podcast, AI or Not, produced by Data Diva Media!AI or Not is the podcast where digital transformation meets real-world wisdom. Hosted by Pamela Isom, a seasoned leader with over 25 years of experience in guiding businesses through digital disruption and transformation, this show explores the intersection of artificial intelligence, innovation, cybersecurity, ethics, and technology. 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Good point, focusing so much on consent, you can easily forget the basic 'heads up' of what you're doing with data
Excellent insight, Debbie! "Notice" is often neglected, yet it's crucial for building trust and ensuring compliance.
Wonderful thought leadership piece, Debbie. Of course, we agree wholeheartedly about "Notice"..
Treating 'notice' as a cornerstone, not a checkbox, is essential for robust data governance. It's like implementing strong access controls and data retention policies. This article highlights the importance of proactive privacy. 🛠️
Really solid piece. “Notice ≠ Consent” gets overlooked way too often, especially with emerging tech where data is collected passively. Also +1 for ditching the legalese. If the notice sounds like a contract for a space launch, nobody’s reading it. Thanks for pushing this conversation forward, Debbie.