An Update on Federal Policy Regarding Chief Data Officers and Data Governance: New OMB Memo

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The Office of Management and Budget (OMB) has issued a recent memorandum that moves the federal government forward in embracing the importance of the “governance” of data.

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Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

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On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump.  See Knight First Amendment Institute at Columbia University v. Trump, — F.3d –, 2019 WL 2932440 (2d Cir. July 9, 2019).

The Court noted that President Trump “concedes that he blocked the Individual Plaintiffs because they posted tweets that criticized him or his policies,” and “that such criticism is protected speech.”  However, the government contended that when the President took that action “he was exercising control over a private, personal account,” the character of which had not changed since it had been opened as a social media platform in 2009 to share opinions on popular culture, world affairs, and politics.  The government further argued that the Twitter account is not a public forum or, in the alternative, if the Court were to find that the account was a public forum, that blocking the individual plaintiffs “did not prevent them from accessing the forum.”

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The Sedona Conference Publishes Its Final, April 2019 Version of A Commentary on Information Governance, Second Edition

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The Sedona Conference® has released the Final Version of its Commentary on Information Governance, Second Edition (April 2019). The Second Edition of this Commentary again sets out 11 principles of information governance that provide a strategic framework for senior management to make decisions with respect to all information within an enterprise. However, the latest Commentary has been revised to incorporate changes and advances in technology and law, including on privacy, that have occurred over the past four years, and in particular in an expanded set of footnotes it includes updated references to publications of The Sedona Conference that have been issued in the intervening years since 2014.

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The Emerging Importance of Chief Data Officers: Recent Legislation & Other Initiatives

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A spotlight has been placed on the need for a chief data officer (CDO) in public sector agencies through both recent legislation and recommendations made in other recent reports and initiatives.

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New Executive Order on Maintaining American Leadership in Artificial Intelligence

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On February 11, 2019, President Trump signed an Executive Order on “Maintaining American Leadership in Artificial Intelligence.”  The Executive Order (EO) recognizes that the United States is the world leader in AI research and development (R&D) and deployment,” and that “[c]ontinued American leadership in AI is of paramount importance. . . .”

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The Sedona Conference Publishes Commentary on Information Governance, Second Edition

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The Sedona Conference® has released a Public Comment Version of its Commentary on Information Governance, Second Edition.  The latest edition of this Commentary sets out 11 principles of information governance that provide a strategic framework for senior management to make decisions with respect to all information within an enterprise and accounts for changes and advances in technology and law that have occurred over the past four years.   It also incorporates guidance on information governance contained in The Sedona Principles, Third Edition, which we discussed in a previous blog post. As defined in this Commentary, information governance “means an organization’s coordinated, interdisciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value.”   The Commentary recognizes that information governance encompasses a variety of disciplines, including traditional records and information management, data privacy, information security, and e-discovery.

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