Data Privacy on the Farm by Todd Janzen

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Slide Notes

Presentation for Hoosier Ag Today seminar at the IN/IL Farm Show 2014.

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

Photo compliments of Chad Colby.

Data Privacy on the Farm

Published on Nov 18, 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

Data Privacy on the Farm

What you need to know

Presentation for Hoosier Ag Today seminar at the IN/IL Farm Show 2014.

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

Photo compliments of Chad Colby.

Farmers intend to use data analytics

Source: American Farm Bureau Federation poll, 2014.

Farmers are worried about data security

Source: American Farm Bureau Federation poll, 2014.

What laws protect farm data?

HIPAA - not applicable
Some laws protect PII
No laws protecting 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.

Photo by Profound Whatever

Industry Standards Are Appearing

AFBF Principles for Data Privacy & Security
AgGateway Whitepaper
Five questions to ask . . .

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 John Starnes

1. What information

is being collected?

Photo by Tom Raftery

2. What control

does the farmer have over information collected?

3. With whom

does the ag tech provider share the information?

Photo by Thomas Hawk

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4. Notice obligations

Will the ATP tell you if policies change?

Photo by Stew Dean

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5. Can I delete

my data when I am ready to leave?

Photo by Daniel Kulinski

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What about the government?

Can state and federal agencies obtain my data?

Photo by practicalowl

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Who Wants 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:

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.

Photo by r2hox

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