The Irish DPC has taken some heat for perceived softness in issuing GDPR fines to Big Tech. A $267 million fine issued to WhatsApp is the first substantial amount that the Irish regulator has assessed, but it comes amidst accusations and criticism.
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.
Outgoing UK Information Commissioner Elizabeth Denham has suggested a shift in focus from individual cookie popups at each website to regulation of browsers and devices as the source of expressing user tracking preferences.
Many businesses are still struggling to understand and comply with data protection laws and regulations. Study finds that 62.4% of companies are still not ‘completely compliant’ with data regulations which means vulnerable consumers.
Comprehensive mandates like the California Privacy Rights Act (CPRA) require extensive preparation—those with processes in place before it arrives will manage it best, and perhaps even derive benefits from it.
One probe calls TikTok’s #GDPR compliance into question due to data transfers to China. The other is on a theme that has been causing TikTok problems for years now: its collection and handling of the personal data of children.
Concerns about data protection and user privacy have spurred a new type of market, where spending on tools that promise such protection is expected to exceed $8 million in 2022.
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.
If the new rules are approved, a broad range of Chinese companies will be subject to screening of data transfers that involve personal information or pertain to critical infrastructure.
In the post-GDPR world, it seems the remit of what counts as data as a valuable commodity is becoming ever broader, with the most recent example in the context of the beautiful game.
Anyone operating a business that violates the privacy rights of people in Quebec or fails to meet Quebec's stringent new requirements for protecting personal information may face administrative monetary penalties, fines, binding orders, and civil action.