December 2022

Data Privacy Frontline Report

December 2022

Here are key highlights from December 2022 detailing global news and regulatory updates.

US & Canada

  • California’s CPRA regulations delayed again and now likely to take effect around April
  • Colorado Attorney General’s office publishes revised draft Colorado Privacy Act rules, with a public rulemaking hearing to be held on February 1, 2023
  • US Department of Health and Human Services issues bulletin on use of tracking technology by healthcare companies subject to HIPAA
  • US Department of Health and Human Services proposes major changes to substance abuse confidentiality laws, bringing them in line with HIPAA and strengthening de-identification standards
  • US data protection standards recognized as essentially equivalent to EU standards in European Commission draft adequacy decision, with the decision to be reviewed by a number of EU stakeholders (also in EMEA)
  • US-EU Trade and Technology Council to collaborate on a pilot project on synthetic data in medicine and health and on privacy-enhancing technologies (also in EMEA)

EMEA

  • EU Council of the European Union adopts its common position on the Artificial Intelligence Act, in anticipation of negotiations with the European Parliament
  • EU European Commission publishes its draft adequacy decision recognizing the essential equivalence of US data protection standards, with the decision to be reviewed by a number of EU stakeholders (also in US & Canada)
  • EU standard contractual clauses are now no longer valid, requiring either use of clauses updated in 2021 or another transfer tool
  • EU-required privacy assessments explained and compared by OneTrust
  • EU-US Trade and Technology Council to collaborate on a pilot project on synthetic data in medicine and health and on privacy-enhancing technologies (also in US & Canada)
  • Germany’s Federal Ministry of Research commits 70 million euros for research on and development of anonymization methods
  • German Data Protection Foundation releases two documents on the anonymization of personal data, with one providing general rules and the other practical guidelines
  • Slovenian National Assembly adopts the Personal Data Protection Act, transposing the GDPR into Slovenian law
  • Spanish government releases an introduction to data anonymization, including techniques and practical cases

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APAC

  • Australia’s Privacy Act Review complete after three years, with the Attorney General to examine it over the summer and likely release it publicly alongside the government’s response in the first half of 2023
  • Australian Competition & Consumer Commission publishes guide outlining the obligations of accredited data recipients (ADRs) in relation to the treatment of de-identified and redundant data under the Consumer Data Right
  • China’s Cybersecurity Administration assessments for transferring data explained, with a focus on procedures and timelines
  • India’s Ministry of Electronics and Information Technology has no view on whether it will republish anonymization guidelines that it published and promptly withdrew in September

LATAM

  • Argentina ratifies Convention 108+ on the protection of personal data
  • Brazil’s government publishes a new form for controllers to report security incidents to the ANPD, the national data protection authority

Archiving / Destroying

Are you unleashing the full value of data you retain?

Your Challenges

Do you need help...

OUR SOLUTION

Value Retention

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.

Evaluating

Are you achieving intended outcomes from data?

Your Challenge

Do you need help...

OUR SOLUTION

Unbiased 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.

Accessing

Do the right people have the right data?

Your Challenges

Do you need help...

OUR SOLUTION

Usable and Reusable Data

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.

 

Maintaining

Are you empowering people to safely leverage trusted data?

Your Challenges

Do you need help...

OUR SOLUTION

Security / compliance efficiency

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.

 

Acquiring / Collecting

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

Your Challenge

Do you need help...

OUR SOLUTIONS

Consent / Contracting strategy

Client Success

Client: IQVIA

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

 

Planning

Are You Effectively Planning for Success?

Your Challenges

Do you need help...

OUR SOLUTION

Build privacy in by design

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.

 

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