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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.

 

Image of distressed woman speaking on mobile phone with ambulance in the background representing changes in privacy law in Australia regarding breach reporting, big data and the new EU GDPR
Data ProtectionInsights

Privacy Law in Australia: Breach Reporting, New Frontiers of Big Data and Differences with the EU GDPR

April 18, 2017
This article is based on a presentation made by Steven Klimt, a partner in the Sydney office of Clayton Utz during the Data Privacy Asia 2016 conference held on 9-11 November 2016. It outlines the new mandatory data breach reporting legislation, how Australian privacy regulation impacts Big Data and the differences between Australian Privacy legislation and the proposed EU GDPR.
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Image of EU country flags in front of building representing the new EU General Data Protection Regulation
Data ProtectionInsights

A Practitioner’s View of the New EU General Data Protection Regulation (GDPR)

March 28, 2017
This article is based on a presentation made during the Data Privacy Asia 2016 conference held on 9-11 November 2016. The new EU General Data Protection Regulation aims to implement uniform data protection rules within the EU, boost the Digital Single Market and increase cooperation across its member states. The current rules have been sharpened to provide more enforcement teeth with penalties up to 4% of annual global turnover or EUR 20 million for firms in breach with the GDPR. In this article Héloïse Bock, a Partner at Arendt & Medernach, a law firm located in Luxembourg, examines the core principles and applicability of the GDPR, and discusses what companies in Asia must do to avoid missteps.
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Image of shelves of boxes and files representing the data privacy challenges of knowing their data for IT leaders
Data ProtectionInsights

Where’s Your Data? Privacy Challenges for IT Leaders

February 22, 2017
This article is based on a presentation made during the Data Privacy Asia 2016 conference held on 9-11 November 2016 by well-known and widely respected information security, privacy and compliance expert Rebecca Herold. Rebecca addresses how IT leaders are increasingly challenged by the myriad of physical, legal, political and logical considerations for data residency.
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Image of checklist on a clipboard and pen representing the need to demonstrate compliance using an accountability approach
Data ProtectionInsights

An Accountability Approach to Demonstrating Compliance

September 21, 2016
In this final instalment of an ongoing series on the issues that affect compliance in an ever more complex world Teresa Troester-Falklooks at how organisations can demonstrate compliance using an accountability approach.
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Image of girl with mask and cape representing the requirement for a new type of information technology and security professional
Data ProtectionInsights

Is a New Type of Information Technology and Security Professional Required?

August 26, 2016
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.
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Image of goldfish jumping from one tank to another representing Brexit and what's going to change for Asia data
Data ProtectionInsights

Asia, Data and Brexit – What’s Going to Change?

July 23, 2016
The exit of the United Kingdom from the EU has caused turmoil in world markets and has far reaching consequences for those companies in the European Union doing business with the country – and vice versa. There has also been some uncertainty about how the authorities based in London will be treating data security and privacy issues. The consensus seems to be that companies doing business with the second largest economy in Europe (after Germany) should be adopting a ‘business as usual’ approach. However, will this necessarily be the case in the future? Will global companies with a British connection (including those in Asia) be forced to revisit how they treat data security and privacy issues when dealing with the United Kingdom – and will British companies move away from the rules that have been set in place by Brussels? We take a closer look.
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Image of globe with network connections around the world representing the Asian perspective on the European Union GDPR
Data ProtectionInsights

Overhaul of European Union GDPR – An Asian Perspective (Part II)

June 21, 2016
In our first article on the European Union General Data Protection Regulation (Regulation (EU) 2016/679 or ‘GDPR’) we focused on the global territorial scope of the new rules and how they could affect businesses based in Asia. In particular, we highlighted how the enhanced rights of data subjects in the EU and the expanded obligations on data controllers and data processors — even if they are located outside the EU — provide much for businesses to consider as they become compliant with the new rules. In this second article, we will focus on the new regulatory-enforcement regime and international data transfers, and then draw comparisons with the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) system.
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Image of hammer and gavel against backrop of soccer ball and red and yellow cards representing data protection
Data ProtectionInsights

Data Protection – A Tale of Two Cities

May 21, 2016
As personal data protection continue to challenge companies it is becoming apparent that the commissions and other structures that police these issues have become impatient with organisations that are not complying with recommendations. For the first time those companies which have suffered a data breach and been found not in compliance are feeling the wrath of governing bodies.
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Image of EU flags in front of building representing European Union GDPR from an Asian perspective
Data ProtectionInsights

Overhaul of European Union GDPR – An Asian Perspective (Part I)

April 19, 2016
The General Data Protection Regulation is the first comprehensive overhaul of European Union data protection rules in 20 years. This two-part article will examine the GDPR’s impact on businesses in Asia, with a focus on territorial scope, controller and processor obligations, and international data transfers.
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Image of referr giving yellow card to players representing tightening of Malaysia personal data protection standards
Data ProtectionInsights

Malaysia Personal Data Protection Act – Standards Tightened

April 19, 2016
Following the Malaysia Personal Data Protection Act (PDPA), the Personal Data Protection Standards 2015 sets out the "minimum" standards to be observed.
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