Farm Data Privacy: What You Need to Know by Todd Janzen

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Slide Notes

Presentation for Indiana Horticultural Convention, January 21, 2015

Author: Todd Janzen, Attorney, Janzen Agricultural Law LLC. www.aglaw.us

Farm Data Privacy: What You Need to Know

Published on Nov 19, 2015

As farms embrace new technology to manage and analyze data, farmers have concerns with how their data will be used.

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PRESENTATION OUTLINE

FARM Data privacy

What you need to know

Presentation for Indiana Horticultural Convention, January 21, 2015

Author: Todd Janzen, Attorney, Janzen Agricultural Law LLC. www.aglaw.us

Traditional Farm Data

Information exchange

Farmers have always been exchanging data, but in the past these exchanges took place at the local grain elevator, after church, and at other physical locations.

2015

The year of big Data?

This is the year "big data" really arrives on the farm. A number of companies have introduced farm data analytic tools. Here are a just a few.

AFBF Data Privacy Poll

Farmers are interested in data analytics, but worried about what happens to farm data after they let go of it.

Source: AFBF Farm Data Privacy Poll, 2014

What laws protect YOUR DATA?

HIPAA - Health information
FTC Act - Deceptive practices
Financial - GLB Act
State Laws - Protect some PII
But farm data?

PII = Personally Identifiable Information.
State laws vary on the protection afforded.

Photo by David Paul Ohmer

FARM DATA

Lives in the wild west. The law won't protect you here.

A number of laws protect other forms of personal data, but farm data is on its own. Watch your back.

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Industry Standards

Not the law, but helpful
AgGateway Whitepaper
Privacy and Security Principles (AFBF)

AFBF=American Farm Bureau Federation

Privacy and Security Principles for Farm Data can be found here: http://www.janzenaglaw.com/2014/11/privacy-and-security-principles-for.html

AgGateway whitepaper can be found at www.AgGateway.org

Photo by andrewmalone

Who owns farm data?

The "farmer" owns
The farmer and other interested parties agree
The "owner" contracts with the ATP

AFBF's core principles document provides a good three step process for talking about farm data ownership.

Source: Privacy and Security Principles for Farm Data: http://www.janzenaglaw.com/2014/11/privacy-and-security-principles-for.html

Your FARM Data privacy

Questions to ASK the ATP

ATP= agriculture technology provider

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1. What information

is being collected?

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2. What control

do I have over information collected?

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3. With whom

does the ag tech provider share my information?

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4. Notice obligations

Will the ATP tell you if policies change?

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5. Can I delete

my data when I am ready to leave?

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What about the government?

Can state and federal agencies obtain my data?

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CAN THE Gov't GET Your Data?

FOIA - only applies to gov't
Subpoena, court order
State regulatory agencies?
USDA?
EPA?

There are many possible reasons your data might end up in someone else's hands--if your ag tech provider allows it. But it may not have a choice.

1. FOIA - Freedom of Information Act - if a gov't agency already has your data, they might disclose it further.
2. Subpoena and court orders.
3. State regulatory agencies looking for environmental violations.
4. USDA - wanting to verify acreage.
5. EPA - looking for Clean Water Act violations.

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