All U.S. government agencies are expected to create annual action plans in 2019-2020 to support the new Federal Data Strategy. What are the possible privacy and security implications?
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.
Financial market regulators from outside the EU are now seeking GDPR exemptions for the purpose of "public interest", for example cracking down on securities fraud, including the SEC in the U.S. as well as regulators in Japan and Hong Kong.
The EU privacy watchdog opened 2022 with an order to Europol to delete stored data on persons not connected to or involved with a crime. But a mid-2022 reform of Europol's governing regulations retroactively legalized this data practice.
After failing to pay the data protection fine or provide any proof of compliance, CNIL is now issuing Clearview AI an overdue payment penalty in the amount of €5.2 million. The facial recognition firm was warned that it could face additional fines of €100,000 per day if it did not comply.
Proposed California Privacy Rights Act will provide more consumer protections to expand scope of sensitive personal information, add new safeguards for minors, and establish a new independent enforcement agency.
If the goal of the law is to provide rules that are straightforward and consistent with the expectations around the world, other states and Congress would be well advised to follow the example of Virginia.
China's new data laws formalizes a legal architecture for Chinese government control over domestic data; a basis for the CCP to claim – and claim oversight over – information, including that of private companies.
After being informed of the planned launch of the AI chatbot in the EU, the DPC instructed Google to file a data protection impact assessment. The launch is waiting on Google to address privacy concerns.
Data protection laws have become a point of growing concern for US businesses. With the enactment of the CPRA just around the corner, enterprise organizations must take action now to prepare themselves for the coming surge of employee DSARs.
The crux of the privacy objections is that the executive order does not guarantee that indiscriminate collection will be stopped; it merely attempts to narrow the scope of intelligence activity in EU-US data transfers.










