August 2023

Data Privacy Frontline Report

August 2023

Here are key highlights from August 2023 detailing global news and regulatory updates.

US & Canada

  • California class action lawsuits claim that matching user patterns with PII for marketing purposes is a form of de-anonymization
  • Canada’s federal government seeks comment on a generative AI code of practice, to be implemented voluntarily by Canadian firms ahead of upcoming legislation
  • US Department of Health and Human Services (HHS) is heavily scrutinizing potential HIPAA violations involving online tracking tools in healthcare entity websites
  • US federal judge will likely allow patients to proceed with lawsuit claiming that Meta violated wiretap laws when tracking online visits to hospital websites
  • US Federal Trade Commission (FTC) closes the comment period for its proposed changes to its health breach notification rules, with a variety of organizations urging their adoption
  • US House Committee on Science, Space and Technology votes in favor of the PETs research bill, making it eligible for full House consideration
  • US judge rejects a series of class action claims against Google and the University of Chicago Medical Center that allege the medical center improperly sold patient health information to the tech giant
  • US National Institute of Standards and Technology (NIST) proposes updated guidance on privacy learning programs and is seeking comment on its draft before October 27, 2023
  • US non-profit the American Heart Association publishes a policy statement introducing principles for data sharing to advance patient outcomes while protecting individual privacy

EMEA

  • EU’s Digital Services Act is now being enforced, but enforcement is likely to be challenging
  • Germany’s Federal Data Protection Commissioner states that data should be clearly pseudonymized or anonymized before it is classified as training data for AI
  • Jordan’s lower house approves the 2022 draft law on digital personal protection, which will take effect six months after publication in the Official Gazette
  • Saudi Arabia’s Saudi Authority for Data and Artificial Intelligence (SDAIA) publishes draft updates on implementing regulations and data transfer, including definitions of anonymization and pseudonymization
  • Switzerland’s new data protection law, which came into force on September 1, brings the country’s data protection regime into greater alignment with the EU General Data Protection Regulation (GDPR)
  • UK Parliament interim government report on AI governance aims to provide a comprehensive analysis of the existing frameworks, regulations, and ethical guidelines related to AI

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APAC

  • India’s Digital Personal Data Protection Bill, 2023 (DPDP) was passed by Parliament’s lower house, imposing a hard obligation to delete personal data when the primary purpose is no longer being served
  • Indonesia’s Minister of Communication and Information Technology calls for global alignment around personal data protections and cross-border data transfers (in Indonesian)

LATAM

  • Brazil’s data protection authority, the Autoridade Nacional de Proteção de Dados (ANPD), releases draft regulations for cross-border transfers under SCCs

Global

  • Data protection and privacy authorities from Australia and 11 other countries release a joint statement on data scraping, indicating that the practice raises significant privacy concerns

Archiving / Destroying

Are you unleashing the full value of data you retain?

Your Challenges

Do you need help...

  • Unleashing the full value of retained data so they can be put to work safely and responsibly in line with privacy regulation?
  • Defining and implementing effective archival and disposal processes for personal data?

OUR SOLUTION

Value Retention

  • Retain the business value in your data through anonymization.
  • Ensure compliance in your retention & destruction strategy.
  • Maximize the reuse of information by removing what is personal.

Client Success

Client: Comcast

Situation: California’s Consumer Privacy Act inspired Comcast to evolve the way in which they protect the privacy of customers who consent to share personal information with them.

Read the full story >

Evaluating

Are you achieving intended outcomes from data?

Your Challenge

Do you need help...

  • Optimizing the use / analysis of data to achieve your organization’s intended outcomes with measured success?

OUR SOLUTION

Unbiased Results

  • Reduce / minimize risk of bias in your data for machine learning.
  • Ensure transparency, fairness, and AI ethics / compliance.
  • Ensure data ethics & compliance in your data models and results.

Client Success

Client: Integrate.ai

Situation: Integrate.ai’s AI-powered tech helps clients improve their online experience by sharing signals about website visitor intent. They wanted to ensure privacy remained fully protected within the machine learning / AI context that produces these signals.

Read the full story >

Accessing

Do the right people have the right data?

Your Challenges

Do you need help...

  • Ensuring the right people have access to the right data at the right times?

OUR SOLUTION

Usable and Reusable Data

  • Enable internal access and / or external sharing of data for primary and / or secondary uses.
  • Ensure data are useful and reusable in alignment with FAIR principles.
  • Ensure data have the right level of privacy protection for the use.

Client Success

Client: Novartis

Situation: Novartis’ digital transformation in drug R&D drives their need to maximize value from vast stores of clinical study data for critical internal research enabled by their data42 platform.

 

See the full story >

Maintaining

Are you empowering people to safely leverage trusted data?

Your Challenges

Do you need help...

  • Maintaining / processing data securely and efficiently to promote data enablement with auditable proof of compliance?

OUR SOLUTION

Security / compliance efficiency

  • Creating synthetic versions of data to be used for innovation / AIML.
  • Applying data minimization principles to reduce your risk exposure.
  • Transforming your data for secondary uses and access.

CLIENT SUCCESS

Client: ASCO’s CancerLinQ

Situation: CancerLinQ™, a subsidiary of American Society of Clinical Oncology, is a rapid learning healthcare system that helps oncologists aggregate and analyze data on cancer patients to improve care. To achieve this goal, they must de-identify patient data provided by subscribing practices across the U.S.

 

Visit ASCOPubs.org to read the full story >

Acquiring / Collecting

Are you acquiring the right data? Do you have appropriate consent?

Your Challenge

Do you need help...

  • Ensuring the acquisition / collection of the right data under the appropriate consent / contracts to maintain corporate integrity?

OUR SOLUTIONS

Consent / Contracting strategy

  • Developing a consent / contractual framework for collecting / sourcing.
  • Creating a comms strategy for internal / external stakeholders.
  • Ingesting and transforming data safely to earn trust.

Client Success

Client: IQVIA

Situation: Needed to ensure the primary market research process was fully compliant with internal policies and regulations such as GDPR. 

 

Read the full story >

Planning

Are You Effectively Planning for Success?

Your Challenges

Do you need help...

  • Defining a clear data strategy to achieve desired outcomes?
  • Getting it right at the start to avoid costly privacy missteps later?

OUR SOLUTION

Build privacy in by design

  • Building privacy into your data plan / platform / pipeline upfront.
  • Establishing a trusted data strategy (ethics, compliance, privacy).

Client Success

Client: Nuance

Situation: Needed to enable AI-driven product innovation with a defensible governance program for the safe and responsible use
of voice-to-text data under Shrems II.

 

Visit Nuance.com to read the full story >

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