The lone strong biometric privacy law in the United States has struck again, this time taking $68.5 million from Instagram in a settlement for a class action first filed nearly three years ago.
Data Protection
Certain types of personal data are very valuable to criminals, and can be very damaging to an individual or business if it falls into the wrong hands. As the world becomes more digital and more connected, more of this sort of data is generated and passed between various sources on a regular basis.
Government regulations and supervisory authorities aren’t just about keeping irresponsible parties in line. They also provide vital security guidance to every type of organization that handles sensitive personal, business or government information.
Data protection regulations also ensure that the end user has a transparent view of and a say in the processing of personal data. These safeguards play a significant role in everything from the preservation of civil rights to ensuring that democratic institutions function properly.
Some types of personal data are clear candidates for regulation: medical records, banking information, national ID numbers and so on. But some of these regulations also cover items that might seem relatively innocuous at first glance: home addresses, email addresses, website profile information and so on. For example, the European Union General Data Protection Regulation (GDPR) has stipulations about anything that is unique to an individual to include phone numbers and social media accounts. People have varying levels of privacy preference with these items, but they are often protected by regulation because they can be used for targeted scams and attempts at identity theft.
Given that regulations often take the size and customer count of businesses into consideration in terms of penalties and the scope of protection of personal data, compliance is particularly important for enterprise-scale organizations. You do not necessarily have to have an active business presence in a country or region; simply storing data on or moving it through servers there may subject you to their data protection rules.
Both countries, while accepting the EU standard contractual clauses as a compliance transfer mechanism still requires the clauses to be amended to reflect their own legal requirements. The big difference is that the Swiss requirements are very simple.
The Irish DPC probe centers on an API vulnerability that appears to have been exploited by multiple parties before being detected and remediated. The data breach first came to light in August and was acknowledged by Twitter.
The Irish Data Protection Commission (DPC) has announced that Google AI model Pathways Language Model 2 (PaLM 2) will be subject to a cross-border statutory inquiry under Article 35 of the GDPR.
Privacy activism group noyb, which has made headlines for its high-profile cases against Facebook in the EU, has brought a corruption complaint against the Irish DPC over its handling of a case that dates back years.
The Irish DPC has opened an EU-wide investigation into the EU's biggest budget carrier, questioning whether its use of facial recognition to verify the identities of passengers that booked through third-party sites is compliant with GDPR terms.
Irish DPC has handed down a €390 million fine to Meta over its targeted advertising practices on Facebook and Instagram. The fine stems from a long legal battle over Meta's claim that users enter into an implicit contract agreeing to receive personalized ads when they accept the terms of service.
Proposed fruits of the Irish DPC's three-year investigation into Facebook's consent and transparency violations are GDPR fines that would amount to a maximum of about $36 million to $42 million, or what the company makes roughly every two hours.
In part one of a two part series, we examine some of the challenges that companies face in terms of the evolving privacy and data protection landscape. Data protection and privacy issues are now bedrock strategic issues for companies across the world and Information Security professionals are now under even more pressure to ensure that data remains secure. The value of data as an intangible asset continues to grow and legislation and regulation is becoming ever more stringent. The onus is on companies to comply or suffer the consequences. This is going to require a whole new breed of information security professional. In part two of this series (in next month’s newsletter) we’ll look at the argument for and against a new role combining Chief Security and Privacy Officer in this rapidly evolving regulatory environment.
American lawmakers may once again be ready to seriously take up the idea of a federal privacy law. A report about the bill was quickly followed by publication of a discussion draft for public view.










