Privacy, Technology, and Global Data Law with Ana Paula dos Santos

Welcome to Studying Law Around the World. I'm Claudio Claus. In each episode, I talk with lawyers, law students, and professors from different parts of the world to talk about legal education, careers, and what the profession looks like in real life. We talk about the hard parts, the surprises, and the decisions that shaped their paths. Whether you're planning to study abroad, thinking about working in another legal system, or just curious about how law works around the world, this podcast is for you. Today I have the opportunity to speak with an Apollo de Santos, who has an incredible story. She's a licensed lawyer in Brazil and also in the US in the state of New York. Thank you so much for joining us today. And Paula and she started conversation. I'd love to ask you to introduce yourself to our audience. Or first of all, I need to say that it's a pleasure to be here. I really admire how successful your podcast is. Every episode brings insightful content for students and professionals alike. Thank you so much for inviting me. So I'm currently pursuing a Doctor of Juridical Science JSD program which is equivalent to a PhD in law while doing a fellowship in a diverse economic studies. Alongside this, I work at California Victims of Crime Resource Centre, Mack Georgia School of Law, where I write articles for Local Magazine about cybersecurity and privacy issues in the digital world. Amazing. But you prepare for this podcast. I, I read a little bit about your profile online and the conversations we've had in the past, and it's been interesting to see how you've worked in different fields and also in different countries. And I wanted to ask you, how have those experiences shaped your understanding of privacy as both a legal and a human issue? OK, so walking law has proving to be constant learning journey. My experience is in different countries have shown me that the concept of privacy is complex and shaped by each country's unique values and culture. Seeing how privacy laws are interpreted in applied in various places made me realize that cultural and social context always influence both the law itself and how people understand their rights. Technology also plays an enormous role. Countries that are more at defensive face new privacy issues that others may not encounter yet simply because the technology is not present everywhere at the same time. These experiences taught me that privacy is not just a legal matter, but one that involves peoples values, habits, and the degree of technological change in each society. Fantastic. That's so interesting. I also saw that you recently presented a paper about cross-border data flows. So I'd love to hear a little bit about that. You know, like what are some challenges or some of the biggest challenges that countries face when balancing privacy, trade, innovation, so much going on with that? Yeah, so true. In my paper I act that data has become fundamental. It drives many of the most important decisions in our world. This is the new concept. Governments have depended on data, for example through the census, to support the well-being of society for a long time. The major difference now is the speed and scale provided by technology, which increase accuracy but also raises privacy concerns because so much data is tied to personal identifiers. My people concentrate on the United States. European Union in Brazil is examining how the concept of personal data can be different and how international agreements shape the way information is treated across borders. While these agreements can make data sharing and trade easier, different differences in laws and requirements, like data localization for example, rules that require that data be stored where it's collected, can actually block the flow of information and create barriers. Data is really at the centre of innovation and the global economy depends on it, but there is a constant challenge in finding the right balance between protecting personal data and enabling the free flow of data. This balance is essential, and it's a question that I continue to study and discourse in my doctoral work. Well, fantastic. That's good to know. I found that very interesting because as you said it, it's so unique to each country, the kinds of challenges that are going through. But then we have technology and innovation kind of merging everything together and making it so quick and in such a big volume. But I also wanted to ask you a little bit about your international career. So many of our listeners right now are either international lawyers or LLM students as well. And I wanted to ask you what kind of advice you would have to share with Dan about starting a career in privacy or data protection. Think before the question for anyone is starting a career career in privacy or data protection. The first step is to get familiar with privacy laws and they less they latest news about the field. The technology landscape changes quickly, so being up to date is essential. It's important to find what interests you most, whether it's compliance, legal analysis, working in tech companies, or practicing in a law firm because there are many paths. Routine privacy. Stay open to change and be prepared for unexpected challenges since new questions and problems appear all the time. The feud grows and transforms as technology advances in society evolves. Mindset concentrated on learning and creating practical solutions to new problems will help a professional to drive. That is what makes walking in privacy so fascinating and rewarding. Well, that's amazing. So when you when you set off that, I was also thinking about how how much privacy laws have been changing. I feel like since I started law school, so much has happened, right. So just, you mentioned Brazil alone. I remember privacy laws coming in and then taking a little bit of time to coming through effect and becoming so important. And then I see privacy lawyers that that weren't maybe like as popular before, just really becoming such an important thing. And then different countries making privacy a human right. And anyways, so, so much that happened in this area. So I wanted to ask you, how do you stay current with the new regulations and new technology since it's so fast-paced? It is so staying current in privacy law and new technology is always a challenge, but overtime I have found a few reliable strategies. So the International Association of Privacy Professional is a key resources for learning about the latest developments both in the US and globally. I attend conferences and make it up to connect with other privacy professionals. These conversations keep me informed about changes in the field and different perspectives. I also subscribe to online newspapers and I'm actively involved in the Data Protection Commission of the Brazilian Bar Association. This group is a great way to exchange experiences and keep up with what colleagues are working on. For fast involving topics like AI, I focus on following trusted sources that consistently share updates on major innovations. When it comes to cybersecurity, I recommend the reading Official updates from trusted agencies, especially the Cybersecurity and the Infrastructure Security Agency, SEIZA, and global professional associations like the Information Systems Audit and Control Association. Isaac Isaac keeping a mix of professional networks, news and official source. Help me stay on top of this rapidly changing area. Very cool. OK. Another thing that I wanted to talk a little bit more is about how you're licensed both in Brazil and New York and also you do have one of the CI PE certification besides all your deep academic experience. So I wanted to ask you to what, what kinds of qualifications or skills have you seen that really help lawyers to stand out in this field? So Binia licenses are turning in both Brazil and New York. Has settling helped me stand out by giving me a broader understanding of different legal systems and the ability to navigate complex international mothers? Combined with significations like the Certified Information Privacy Professional Europe, which demonstrates specialized knowledge in privacy and data protection, this credentials sign is a sign of true employees, a high level of knowledge and commitment to the field. Beyond formal qualifications, I believe the mindset to continuously learning and step outside your comfort zone is critical. Privacy and data protection laws involving rapidly so adapt adaptability and openness through new challenges show that a professional is ready to grow alongside the feud. These combinations of solid degradations and a proactive, flexible attitude is what truly makes a lawyer stand out in privacy law today. Fantastic. No, that's so good to know for whoever he's planning on specializing in this career. I also wanted to ask you a little bit about, you know, the, the like the networks of privacy lawyers. So I know that you've been a part of multiple global conferences, panels, all kinds of events. And I wanted to ask you, in your experience, how do these events help you to build stronger connections? And then also how those connections work well between academics and also predictions. Attending conferences, workshops and professional events has been essential in my career. These gatherings offer far more than networking. They created meaningful connections with others, working in privacy and IP fields from both academic and practical backgrounds. Events like this help building less lasting relationships and give everyone the opportunity to discuss new ideas, share experiences, and learn from one another. Beyond job opportunities, these connections often often lead to collaborations or projects that keep you engaged and informed about what is happening in the field. He seemed touch with professionals and academics not only helps with personal growth but also ensures that you are always learning and keeping pace with chains and challenging privacy. All right, another subject that I wanted to ask you before finishing today's podcast is something that I read that that you've written about algorithmic bias, something in the subject of AI. So I wanted to ask you, what legal or ethical issues around AI do you think specifically deserve more attention right now as we talk about AI so much everywhere? That is really a good question, thank you. It's widely recognized that AI can sometimes produce unreliable answers, but there is too many unclear areas in how AI is built and used. One of the many legal and ethical questions that needs more attention is transparency, understanding how AI systems make decisions. Right now, many AI models work as black boxes, meaning that even experts find it hard to explain the process or data behind the specific results. This creates serious risks, including overrating algorithmic bias and mistakes. To reduce these risks, I believe it's essential to use strong testing processes such as regulatory AI sandboxes in artificial intelligence, explained in one of the policy papers published in 23 by the Organization of Economic Cooperation and Development. OCD, which is the creation Office spaces where authorities engage firms to to test innovative products or services before they become available to users and demand more openness about how algorithms function. Regular reviews and ongoing assessment are necessary to catch issues like buyers or hallucinations before they cause real harm. In the legal field, this is especially important since lawyers and judges must have confidence in the information and recommendations generated by AI tools. Using AI responsibly in law means being extra careful, double checking sources and make sure any legal legal argument is built on solid, verifiable facts rather than relying solely on automated outputs. In short, addressing buyers and improving transparency in AI are challenges that require everyone in the legal profession to work together in a devastate for effective, forward-looking regulation. Amazing. Thank you for sharing that. As we come to your wrapping today's episode, I wanted you to finally ask you a little bit about your personal motivation. In a way, I wanted to ask you, you know, what drives your passion for privacy, for technology law, and then also another important question here. So, chewing one, what kind of impact do you hope to make in this field? So thank you for the question. Again, this is only good questions. So my my passion for privacy and technology law comes from the close connection between these two areas. Privacy simply cannot exist without technology. As technology advances rapidly, it becomes both the two that enables innovation and the framework that must protect our security and privacy. The more I study privacy, the more I realize how much there is is chew to learn. This is a few that never stands this shoe and is always involving. What drives me is the desire to contribute, to find the right balance between privacy and innovation. When we succeed in creating thoughtful regulations and practices that respect privacy while supporting technological progress, we create a more ammonius society better prepared for the next wave of technological challenges. I see this as an ongoing process. We observe how technology develops in adapt our laws in solution so that technology serves humanity without causing harm. Ultimately, I hope to push this field forward by opening discussions in developing ideas that help society navigate these complex chains, responsible and ethically. So thank you so much, Anna Paula, for sharing all your insights today and thank you all for tuning into today's episode. It was my pleasure and thank you so much for working on that, Claudio. This is a great contribution for the community. Thank you.