March 2024

Data Privacy Frontline Report

March 2024

Here are key highlights from March 2024 detailing global news and regulatory updates.

US & Canada

  • Canada’s Supreme Court rules that IP addresses attract a reasonable expectation of privacy, with practical implications for generative AI providers and online advertising companies
  • New Hampshire signs privacy bill into law, becoming the 14th US state to do so
  • US Federal Trade Commission (FTC) cracks down on mass data collectors for unfairly selling re-identifiable consumer browsing information
  • US FTC is hiring additional staff for its enforcement actions, including 10 people dedicated to privacy issues and artificial intelligence in advertising industries
  • US Office for Civil Rights (OCR) issues updated guidance on online tracking technologies, with legal experts claiming the updates offer little relief for healthcare organizations
  • US sensitive data concept explored across states, including commonalities and differences in what counts as sensitive data
  • Utah governor signs privacy amendments to limit data collection and to establish Utah’s Office of Data Privacy

EMEA

  • EU European Parliament approves the EU AI Act, a landmark in the development of AI regulation, with the Act likely to enter into force around May
  • EU Council of the European Union and the European Parliament reach provisional agreement on a proposed regulation for a European Health Data Space, a framework for sharing health data within the EU
  • EU’s Court of Justice of the European Union (CJEU) finds that Transparency and Consent Framework strings contain personal data, making them subject to the GDPR
  • EU and Brazil agree to continue working together on data protection and on regulatory frameworks for AI (also in LATAM)
  • Europe’s Council of Europe completes the Artificial Intelligence, Human Rights, Democracy and the Rule of Law Framework Convention, setting out “a legal framework that covers AI systems throughout their lifecycles”
  • Saudi Arabia’s data protection authority proposes draft rules for transfers of personal data outside the kingdom, with the draft regulation open for consultation until April 18
  • Spain’s data protection authority releases updated guidance on automated decision making under the GDPR
  • Turkey’s data protection authority announces amendments to the Personal Data Protection Law (PDPL), including updates related to international data transfers and special categories of personal data
  • UK government committee launches an inquiry into data adequacy and its implications for the UK-EU relationship, with public evidence sessions expected to take place between March and June
  • UK Information Commissioner’s Office (ICO) publishes new guidance explaining how it issues penalties and calculates fines
  • UK private members’ bill on AI regulation—which includes establishing an AI authority and calls for the use of sandboxes—receives second reading in the House of Lords

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APAC

  • New Zealand’s privacy commissioner calls for greater penalties for data breaches to ensure the Privacy Act keeps up with global privacy standards

LATAM

  • Brazil and EU agree to continue working together on data protection and on regulatory frameworks for AI (also in EMEA)

Global

  • OECD (Organisation for Economic Cooperation and Development) publishes a blog on data scraping, including controversies around the practice and possible solutions
  • OECD working group formed to discuss challenges in regulating AI issues and to strive for solutions

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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