February 2023

Data Privacy Frontline Report

February 2023

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

US & Canada

  • British Columbia’s privacy management and breach reporting requirements take effect
  • US company GoodRx fined $1.5M for sharing health data with Facebook and Google, the first FTC action under the Health Breach Notification Rule (see also analysis from IAPP staff contributors)
  • US state laws introduce new audit and internal review requirements for personal information collection and processing
  • US Federal Trade Commission launches a new Office of Technology to strengthen the agency’s ability to keep pace with technological challenges in the digital marketplace
  • US Department of Health and Human services announces new divisions within the Office for Civil Rights to better address growing need of enforcement in recent years

EMEA

  • EU Court of Justice of the European Union rules that DPOs can maintain other tasks and duties within their roles if they do not result in a conflict of interest
  • EU Members of the European Parliament urged the European Commission to reject the proposed EU-U.S. Data Privacy Framework, stating that it fails to create actual equivalence with the level of protection offered under the GDPR
  • EU data protection authorities and their regulatory strategies are presented in a report from the Future of Privacy Forum
  • EU European Commission will propose a new law before the summer aimed at improving how EU countries’ data protection authorities enforce the GDPR
  • EU’s European Data Protection Board releases its work program for 2023–24, including developing guidelines on anonymization and pseudonymization
  • Nigeria’s Federal Executive Council approved the Nigeria Data Protection Bill, 2022, and transmitted it to the National Assembly for consideration
  • Spain’s AEPD produces guidance on handling the residual probability of re-identification associated with anonymized data
  • UK tribunal rules in Experian appeal that businesses can weigh the benefits to consumers in their favour when assessing whether they can lawfully process data based on legitimate interests

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APAC

  • Australia’s Attorney General Department released its Privacy Act Review Report 2022, delivering 116 recommendations that, if adopted, will fundamentally change how data is dealt with
  • China’s new standard contractual clauses (SCCs) explained
  • Indian government announces launch of a National Data Governance Policy to enable access to anonymised data

LATAM

  • Brazil’s General Data Protection Law (LGPD) and how it is applied by the courts, as analyzed in a recent jurimetrics report
  • Guatemala’s Congress to consider proposed data protection law

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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