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Slide Notes

Presentation for Indiana Farm Bureau District Meeting, January 20, 2015

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

Photo compliments of Chad Colby.
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Big Data on the Farm

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.

PRESENTATION OUTLINE

Big Data on the FARM

Todd Janzen, Attorney, Indianapolis
Presentation for Indiana Farm Bureau District Meeting, January 20, 2015

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

Photo compliments of Chad Colby.

FARM Data

Traditional Information Exchange
The traditional exchange of farm data occurred at the local grain elevator, after church, or at other farm events.

2015

The year of big Data
2014 saw the entrance of a number of big data analytic programs. 2015 will see even more. The future is here.

AFBF Data Privacy Poll

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.

FARM DATA

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

Industry Standards

  • Not the law, but helpful
  • AgGateway Whitepaper
  • Privacy and Security Principles for Farm Data
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

Your FARM Data privacy

Questions to ASK the ATP
Photo by Jeremy Brooks

1. What information

is being collected?
Photo by Tom Raftery

2. What control

do I have over information collected?

3. With whom

does the ag tech provider share the information?
Photo by Thomas Hawk

4. Notice obligations:

Will the ATP tell you if policies change?
Photo by Stew Dean

5. Can I delete

my data when I am ready to leave?

What about the government?

Can state and federal agencies obtain my data?
Photo by practicalowl

Who can access your Data?

  • FOIA - only applies to gov't
  • Subpoenas and court orders
  • 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

Drones/UAVs

Update
Photo by BLMOregon

Where are we in 2015?

  • FAA: Drone flights illegal
  • Potential fines
  • 2015 FAA anticipated regulations
  • State laws fill the gap
  • FAA "hobby" rule applies
Photo by DrLianPinKoh

FAA Advisory Circular 91-57

  • Under 400 feet
  • Away from populated areas
  • At least 3 miles from ATC
  • Keep away from spectators
Photo by Locutis

2014 First Ag Drone Exemption

  • Within sightlines, plus observer
  • No night flights
Photo by Micky.!

www.JanzenAgLaw.com

FIND ME ON THE WEB!
Author:
Todd Janzen, Attorney
www.aglaw.u