Issuing GDPR fines is just the first step of the process; at some point they have to be collected, and the UK ICO is struggling to do that with only a 26% success rate.
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.
Adhering to privacy may appear straightforward, but the logistical and technological challenges getting there are daunting. To holistically incorporate privacy into an organization, one has to take stock of the challenges that have historically impeded compliance efforts.
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.
A new Commissioner's Opinion issued by the UK's ICO reiterates the country's data protection standards and lays out its vision of future regulation plans for adtech companies.
Recently, China’s new Personal Information Protection Law (PIPL) went into effect. The question now is what does this mean for the future of data protection policy, and perhaps more importantly, the lack of a comprehensive U.S. policy?
noyb has leaked documents that show Facebook approached the EDPB with their concept of “user contracts” that sidestep GDPR rules for user consent after numerous receptive meetings with the Irish DPC.
Be vigilant when you engage with third party service providers. Ultimately it is your responsibility under the GDPR when cyber attacks and data breaches occur, not solely your service providers.
China’s Personal Information Protection Law (“PIPL”) is now in effect, prompting a surge in hiring for DPOs. What was once a security-oriented role for DPOs in China has been elevated to serve the critical oversight function of ensuring organizational compliance with PIPL.
Any leader handling data in this ever-evolving landscape must understand how to categorize data to better protect their organizations and customers when working in challenging and emerging markets.
As we move into 2022, developments in ransomware, growing data sprawl, hybrid working, the nascent but growing use of artificial intelligence (AI) and machine learning (ML) technologies will continue to make a significant impact on data protection and management.