Privacy Post: June 7th

Rise and shine 🌞

If you want to join the other readers in learning about privacy in the world around us, subscribe below:

This is issue #6 of Privacy Post. The not-so-private privacy newsletter, where I share privacy news, knowledge, and technology happenings to keep you: professionals, amateurs, enthusiasts, and anyone looking to learn more, informed on the ever-changing privacy landscape.

🔥 Here’s what I got for you today:

• Knowledge topic 🧠 - LGBTQ+ Data Privacy and Protection Intrusions of Yesteryear and Today

• In the news 🗞 - Elon Musk’s brainchild, Upcoming state privacy laws, and more

• Meme Post 🤣

Blast from the rainbow past 🌈

In honor of Pride Month and myself proudly being a part of the LGBTQ+ community, I’m dedicating June’s Privacy Post newsletters to discussing the role of data privacy and protection in our community.

It’s a topic that isn’t often talked about, but immensely important as the number of people identifying as non-heterosexual grows every year. A 2021 study by Gallup found a record high of 7.1% of U.S. adults self-identify as lesbian, gay, bisexual, transgender, or something other than heterosexual. Up from 4.1% 5 years prior.

And even more impressive, as new generations are born the number significantly increases. Roughly 21% of Generation Z Americans, those born between 1997 and 2003 (ages 20-25), who have reached adulthood identify as LGBT.

As new generations welcome fluid sexuality with open arms, at least comparatively speaking, LGBTQ+ people are here to STAY despite the ongoing systemic hate and discrimination our community has historically received.

Today’s issue is a deep dive into the historical world of data privacy in the queer community. I’ll touch on how past laws and regulations undermined queer rights and how similar ideas and practices hold true today for LGBTQ+ privacy rights.

Research completed by Future of Privacy Forum & LGBT Tech discovered LGBTQ+ individuals are disproportionately victimized by privacy violations.

This is not surprising if we take a look at a few recent examples of privacy and protection intrusion within the past few decades.

Medical privacy - During the HIV/AIDS epidemic in the 80s, there was a lack of medical privacy. Certain disclosures were required for those who had HIV/AIDS or potentially had it. It resulted in gay and bisexual men being fired or kicked out of housing.

Intimate privacy - It wasn’t until 2003 that the last anti-sodomy law, which made it okay for law enforcement or a civilian to report sexual activity of a queer person, was deemed unconstitutional in Lawrence v. Texas. Under the anti-sodomy laws, punishment included incarceration, denial of employment, and public shaming.

Furthermore, before the 2003 Supreme Court ruling in Lawrence v. Texas, sexual activity between people of the same sex was illegal in fourteen U.S. states, Puerto Rico, and the U.S. military.

Employment protection - It wasn’t until 2020 that the Supreme Court clarified, in Bostock v. Clayton County, that employment discrimination on the basis of sexual orientation and gender identity is banned.

The U.S. system has historically victimized and discriminated against members of the LGBTQ+ community. These harmful laws and the message they perpetrate have a lasting effect on today’s privacy practices and laws. Or more appropriately, lack of laws concerning LGBTQ+ privacy.

Lack of location data protection - In 2021, a Catholic nonprofit spent millions of dollars to buy location data from a private-sector data broker in order to identify gay priests and report them to their bishops. This story isn’t just harmful for those priests, as they could lose their jobs, but it further damages their reputation and ability to get work moving forward. Furthermore, knowing data about their sexual preferences is sold by corporations is flat out unsettling.

Lack of employment protection - A 2021 study found half of LGBTQ+ community members have faced discrimination at work, which includes “being passed over for a job, harassed at work, denied a promotion or raise, excluded from company events, denied additional hours or fired.”

Lack of identity protection and privacy - Breaches in queer individuals’ privacy is everywhere. One of the most notable forms of privacy invasion is shown today in the recent “Don’t Say Gay” bills. In one form or another, these bills ban lessons to children in schools about sexual orientation and gender identity. This makes it hard for young children to explore who they are. “Don’t Say Gay” bills are being introduced across America. 42 of these bills in 24 states have been introduced since 2021.

There are also many bills beyond “Don’t Say Gay”. For example, in Indiana, a bill was passed beginning of May forcing teachers to out students who request to be referred to by a different name or pronoun, by sending a note home to parents. This poses a direct threat to kid’s safety if home is not an accepting place.

Writing about historical LGBTQ+ data privacy and protection invasions has really put into perspective the harsh realities of being queer prior to my coming out and even after, too. While the struggles are far from over, I’m thankful for those who walked my path years before me.

Moving forward, whoever you are, it is important to share the lessons of the past to shape the conversations of today. As privacy professionals and advocates, we must remember that data privacy is a fundamental right for ALL no matter what your underlying beliefs may be.

In the news…

• Neuralink, Elon Musk’s brain implant company, received approval to start human trials, raising concerns about the privacy of thoughts/brain privacy/cognitive liberty

• Connecticut and Colorado’s state privacy law’s effective date is right around the corner - July 1st

• Texas state privacy law is expected to be signed soon—the 5th state privacy law to be signed this year & the 10th total state-level law

  🤯 Overwhelmed by all the state privacy laws… me too. IAPP is holding a LinkedIn live session on June 20th to discuss the five most recent laws.

Meme Post

Privacy Post this month > > >

That’s a wrap for today! See you next week. If you want more, be sure to follow me on LinkedIn (@annapeterson).

😄 This newsletter is a place for all to learn about data privacy, question the technology we use, and understand how it fits into the world we live in.

Disclaimer: The thoughts and ideas of Privacy Post are my own and not of my employer.