Data Protection and Privacy, Data Regulations, and Data Privacy Compliance Tools

Data privacy, also known as information privacy or data protection, refers to the practice of safeguarding sensitive information from unauthorized access, use, disclosure, alteration, or destruction. It involves the application of policies, procedures, and technologies to ensure that personal or confidential data is collected, stored, and processed securely and responsibly. Data privacy is crucial for protecting individuals’ rights to control their personal information, maintaining trust between businesses and consumers, and ensuring compliance with legal and regulatory requirements. Key aspects of data privacy include consent, data minimization, storage limitation, and data security measures.

Importance of data privacy

Data privacy is important for several reasons:

Personally Identifiable Information (PII)

PII stands for Personally Identifiable Information. It refers to any information that can be used to identify a specific individual, such as their name, address, social security number, email address, phone number, or driver’s license number. PII can also include other sensitive information like financial information, medical information, and biometric data such as fingerprints or DNA.

Protecting PII is important because it can be used for identity theft, fraud, or other malicious activities. Many organizations are required by law to protect PII, and there are various security measures and best practices in place to help ensure its confidentiality, integrity, and availability.

Examples of data breaches

Data breaches have become increasingly common in recent years, affecting millions of individuals and organizations around the world. Some of the most significant breaches include those suffered by Yahoo, Marriott International, Adult Friend Finder, MySpace, and Exactis. These breaches compromised vast amounts of personal data, including names, email addresses, passwords, and even personal interests and habits. Such breaches highlight the importance of strong data protection measures and the need for individuals and organizations to remain vigilant against potential threats. In this section, we will examine these five data breaches in more detail, exploring their causes, consequences, and lessons learned.

1. Yahoo (2013–2014): Yahoo experienced two massive data breaches that affected nearly 3 billion user accounts. In 2013, all 3 billion user accounts were compromised, while in 2014, 500 million accounts were affected. The stolen information included names, email addresses, dates of birth, hashed passwords, and security questions and answers.
2. Marriott International (2014–2018): In November 2018, Marriott International announced that its Starwood guest reservation database had been breached, affecting approximately 383 million guest records. The breach began in 2014, but Marriott only discovered it in 2018. Compromised data included contact information, passport numbers, travel details, and encrypted credit card information.
3. Adult Friend Finder (2016): In October 2016, Friend Finder Networks, the parent company of Adult Friend Finder, suffered a data breach that exposed more than 412 million user accounts across several of its websites. The breach included email addresses, passwords, and other personal information.
4. MySpace (2008): MySpace, once a leading social networking platform, experienced a data breach in 2008 that compromised approximately 360 million user accounts. The breach was not discovered and made public until 2016. The stolen information included usernames, email addresses, and hashed passwords.
5. Exactis (2018): Exactis, a US-based marketing and data aggregation firm, exposed around 340 million records on a publicly accessible server. Although the breach did not include financial data or Social Security numbers, it contained extensive personal information, such as names, addresses, phone numbers, and even personal interests and habits of both individuals and businesses.

These breaches also highlight the need for strong data protection measures, including regular security audits, encryption, and access controls, as well as rapid detection and response to potential threats. By implementing these measures, organizations can better protect their users’ data and prevent the devastating consequences of a breach.

PII protection methods

Hopefully, the data breaches shown above highlight the critical need to protect Personal Identifiable Information. There are several approaches to protect PII, including:

These are just a few examples of the many ways that PII can be protected. It’s important for organizations to continually evaluate and update their security practices to ensure they are staying ahead of potential threats.

Data protection legislation and regulation

Given the importance of data protection and privacy. Many jurisdictions around the world have begun passing legislation and regulations to attempt to provide individual protection around their data. Some of this legislation includes:

There are several laws and regulations that have been passed across the world to provide data protection and data privacy rights. Some of the most significant ones include:

These are just a few examples of the many laws and regulations that have been passed across the world to provide data protection and data privacy rights. As the importance of data privacy continues to grow, it is likely that more countries will implement similar laws and regulations in the future.

There are many similarities and some differences between these regulations. It would not be practical to cover all of them in detail. Therefore, in the next section, we will focus on one in particular — The General Data Protection Regulation (GDPR). But many of the protections afforded by GDPR are similar to other data protection regulations.

Data Privacy and Protection Regulation in the U.S.

The United States had not passed any comprehensive federal data privacy legislation like GDPR. However, there has been a growing awareness of data privacy, and some states have taken steps to enact their own privacy laws.

The most notable example is the California Consumer Privacy Act (CCPA), which came into effect on January 1, 2020. The CCPA shares some similarities with the GDPR, such as granting consumers the right to access, delete, and opt out of the sale of their personal information. Additionally, the CCPA requires businesses to be transparent about their data collection and usage practices.

In 2020, California voters approved the California Privacy Rights Act (CPRA), which further strengthens consumer privacy protections in the state. The CPRA establishes the California Privacy Protection Agency (CPPA), which is responsible for enforcing privacy laws in California. It also expands consumer rights, adds new regulations for businesses, and introduces stricter fines for noncompliance. The CPRA will go into effect on January 1, 2023, with enforcement starting July 1, 2023.

Other states, such as Virginia with its Consumer Data Protection Act (CDPA) and Colorado with its Colorado Privacy Act (CPA), have also passed privacy laws, while several other states have proposed privacy legislation.

Despite these state-level efforts, there is no comprehensive federal privacy law in the U.S. that directly mirrors the GDPR. There have been ongoing discussions in Congress about creating a federal privacy framework, but as of today, no such legislation has been enacted.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a comprehensive data protection regulation that came into effect in the European Union on May 25, 2018. It aims to protect the privacy rights of individuals and provide them with greater control over their personal data. The GDPR applies to organizations operating within the EU, as well as organizations outside the EU that process the personal data of individuals residing in the EU.

Some of the broad protections provided by the GDPR include:

These broad protections are designed to enhance individuals’ control over their personal data and ensure that organizations prioritize data protection and privacy.

Data Privacy Regulation Compliance

To comply with data privacy regulations like GDPR, CPRA, CDPA, and CPA, large private enterprises should consider implementing the following high-level changes:

By adopting these high-level measures, big private enterprises can work towards compliance with the various data privacy regulations, like GDPR, CPRA, CDPA, and CPA, and demonstrate their commitment to protecting consumer privacy.

Data Privacy Compliance Tools and Services

To fulfill data privacy compliance obligations, there are several tools and services available that can help you streamline the process. These tools can either be on-premises solutions or cloud-based services. It’s important to evaluate them based on your organization’s specific requirements, budget, and technical capabilities. Some popular tools and services include:

1. OneTrust: OneTrust is a comprehensive privacy management platform that offers a suite of tools to help organizations comply with GDPR and other privacy regulations. Features include data mapping, consent management, data subject rights management, and privacy impact assessments. OneTrust is available as both an on-premises solution and a cloud-based service.
2. TrustArc: TrustArc provides a suite of privacy management tools to help organizations comply with GDPR and other data protection laws. Their platform offers solutions for data inventory and mapping, risk assessment, consent management, and managing data subject access requests (DSARs). TrustArc is available as a cloud-based service.
3. Qualys: Qualys focuses on several capabilities to address GDPR compliance, including asset inventory, vulnerability management, compliance reporting, continuous monitoring, and risk assessment. These capabilities can help organizations maintain an inventory of their IT assets, identify and assess vulnerabilities, generate compliance reports, provide continuous monitoring, and assess the risks associated with processing personal data. By leveraging these capabilities, organizations can improve their overall security posture and demonstrate their commitment to protecting personal data in compliance with GDPR and other data protection regulations.
4. BigID: BigID offers a data intelligence platform that helps organizations discover, classify, and manage sensitive data, assisting with GDPR compliance. Features include data discovery, data classification, data subject rights management, and data risk analysis. BigID can be deployed on-premises or in the cloud.
5. Nymity (acquired by TrustArc): Nymity offers privacy compliance software that helps organizations automate and manage GDPR compliance efforts. Features include privacy impact assessments, data inventory and mapping, and data subject rights management. Nymity can be deployed as a cloud-based service.
6. 2B Advice PrIME: 2B Advice PrIME is a privacy management platform that offers a range of tools to help organizations comply with GDPR and other privacy regulations. The platform includes features such as data mapping, risk assessment, consent management, and data subject rights management. 2B Advice PrIME can be deployed both on-premises and in the cloud.

These tools and services can help you manage and fulfill GDPR data accuracy requests and other GDPR-related obligations. However, it’s essential to assess your organization’s specific needs and resources before selecting the most suitable solution. Additionally, integrating these tools into your existing systems and processes may require technical expertise and ongoing maintenance.

Conclusion

Data privacy and protection are becoming increasingly important in today’s digital age. With the rise of cyber threats and data breaches, governments around the world have implemented regulations to safeguard personal information. Organizations must comply with these regulations to avoid hefty fines and reputational damage. The use of software tools, such as encryption and access controls, can help organizations stay compliant and protect sensitive data. However, it is crucial to recognize that these tools are not a one-size-fits-all solution and should be tailored to meet the unique needs of each organization. By prioritizing data privacy and protection, organizations can build trust with their customers and maintain a competitive edge in the market.

Alberto Artasanchez is the author of Data Products and the Data Mesh

Originally published at http://thedatascience.ninja on April 9, 2023.