January 14, 2019 

Via Electronic Mail 

The Honorable Walter G. Copan 

Under Secretary of Commerce for Standards and Technology and 

Director of NIST 

National Institute of Standards and Technology 

U.S. Department of Commerce 

100 Bureau Drive, Stop 2000 

Gaithersburg, MD 20899 

Re: Comments on Developing a Privacy Framework 

Docket No. 181101997–8997–01 (November 14, 2018) 

Notice of Extension (December 17, 2018) 

Dear Dr. Copan: 

The Fashion Innovation Alliance (FIA) submits these comments to the Department of 

Commerce, National Institute of Standards and Technology (NIST) in response to the Notice and 

Request for Information on Developing a Privacy Framework, published in the Federal Register 

on November 14, 2018.1 

The Fashion Innovation Alliance (FIA) was founded in 2016 to provide a platform and voice for 

leaders working at the intersection of design, retail and technology. These innovators include 

startups and established brands developing smart products, digital commerce platforms and 

emerging technologies in retail. FIA is the first organization to address global policy and 

regulatory compliance, access to capital, inclusion and innovation in fashion tech and beauty 

tech — from the lens of creative visionaries on both sides of the Atlantic. 

1 Developing a Privacy Framework, 83 Fed. Reg. 56,824 (Nov. 14, 2018). 

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Discussion 

The Fashion Innovation Alliance welcomes the opportunity to comment on the development of 

the Privacy Framework, especially given the emerging technology trends and innovation in 

connected products, digital commerce and retail. FIA values the privacy of the consumers using 

connected products and services, and we recommend that any new policies or best practices help 

create a flexible environment for technologies shaping innovation at the intersection of design, 

retail and technology. 

Data has been repeatedly termed “the new oil,” having tremendous value to both brands and 

consumers. Data has the power to create meaningful change across industries. Well-managed 

consumer data allows more relevant product and movie recommendations, smart apparel that 

responds to body temperature and movement, and the ability to simply stay engaged with 

shoppers. And while it’s important for entities to address transparency in their data practices, 

designing privacy protections with an ethical approach will be key to building long-term trust 

with consumers. As noted in NIST’s Request for Information, new technologies “are giving rise 

to increased concerns about their impacts on individuals’ privacy.”2 But privacy is not just about 

responding to the latest technologies, privacy is also about how humans interact with each other in 

a data-driven world. 

Stakeholder Diversity Across Sectors 

We appreciate NIST’s efforts in including panelists and experts from industry, civil society and 

academia during the first Privacy Framework workshop. Diversity of thought is an important part 

of the stakeholder process, but it is also critical that stakeholders participating in NIST’s Privacy 

Framework process reflect diversity across sectors — from technology and telecommunications 

to art and design, as well as retail and hospitality. 

We have seen how the cross-disciplinary exchange typical of companies working at the 

intersection of art, design, retail and technology not only drives innovation, but also leads to 

advancements that help humanity. These include companies designing sensor technology glasses 

to help fight Parkinson’s disease, AI-enabled devices to detect counterfeit products and 

connected clothing that gives users control over their personal data. 

Addressing the Human Element and Privacy Risks Across the Supply Chain 

While entities often focus on the security features and privacy policies vetted by their legal teams, 

the human element — at every stage of an organization’s supply chain — is the most powerful 

part of protecting individuals’ personal privacy. This includes company experts across the 

2 83 Fed. Reg. 56,824 (Nov. 14, 2018). 

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organization’s entire ecosystem — from designers and manufacturers developing connected 

products to the consumers using products and sharing their data. Individuals working for 

business-to-business (B2B) companies should also be aware of the privacy risk environment of 

the end-users, including how third parties access individuals’ personal data and how real-time 

location and other sensitive data is collected and sold. 

Also, as more companies take a direct approach in setting up and managing their supply chains 

for trade and transparency purposes, it’s critical that they work with their suppliers to better assess 

and manage the privacy risks. In the same way that effective supply chain management can help 

organizations build trust and transparency for sustainability and ethical sourcing, effective privacy 

protections across suppliers can also help build trust in a company’s products and services. 

The human element also extends to the companies’ employees — who may be placed in 

compromising positions at certain times to share data with unauthorized third parties. For 

example, within the fashion tech community, we have witnessed professionals attempting to 

collect and analyze personal data of fashion tech leaders and consumers — some directly asking 

for customer and client lists and others using more cunning tactics to get personally identifiable 

information. While an employee may consider the person requesting such data to be a friend or 

colleague, the person still has an ethical duty not to share such data. 

For these reasons, FIA recommends that the Privacy Framework address guidelines on 

communicating and developing privacy protections across an entity’s supply chain. The 

guidelines should also address practices in dealing with an organization’s existing suppliers, 

contractors as well as professionals seeking to do business with the organization. 

Innovative and Inclusive Workforce of Privacy Professionals 

NIST has requested comments on “How the Privacy Framework could be developed to advance 

the recruitment, hiring, development, and retention of a knowledgeable and skilled workforce 

necessary to perform privacy functions within organizations.”3 

Privacy and data security professionals are key to ensuring that both the public and private 

sectors are able to implement and effectively manage privacy practices, especially as the 

technologies and data protection challenges continue to evolve and change. 

The current challenges for a diverse and inclusive pool of senior privacy professionals are also 

clear. During a September 2018 privacy hearing before the Senate Commerce Committee, the 

3 83 Fed. Reg. 56,824, 56,826 (Nov. 14, 2018). 

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witnesses representing tech and telecom included one woman and not a single person of color.4 

This is important to note and remedy because a lack of diversity at the top levels of the industry 

suggests there are cultural blind spots within these entities that may leave underrepresented 

segments of the population at increased risk for privacy breaches. 

FIA recommends that the Privacy Framework include best practices and encourage companies to 

not only address overall hiring and retention efforts, but also ways to include diverse voices at all 

levels — including attorneys specializing in privacy and data security, experts in data ethics and 

technologists. 

FIA also recommends that when addressing human talent for privacy functions, that NIST 

incorporate ethics as part of the discussion. Given the recurring incidents of the mismanagement 

of data across online platforms and services, recruiting and retaining talent with expertise in 

privacy and ethics will help companies better navigate social and business issues. Over the past 

year, citizens around the world have witnessed the devastating effects when companies do not 

respect human data and the users of their products and services. Weaving ethics into privacy 

discussions around talent and data will help to improve trust and transparency in the products 

and platforms powered by such companies. 

Conclusion 

The Fashion Innovation Alliance appreciates the opportunity to submit these comments and 

would be happy to provide you with additional information or clarification. For the reasons 

stated above, the Alliance respectfully requests that the federal government continue to 

collaborate and work with entities across sectors when developing the Privacy Framework, and 

also include ethics as part of the global privacy discussion. 

Respectfully submitted, 

Kenya N. Wiley 

Founder and CEO 

Fashion Innovation Alliance 

4 Examining Safeguards for Consumer Data Privacy: Hearing before the U.S. Senate Committee on Commerce, 

Science and Transportation (2018). 

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