May 2024

Data Privacy Frontline Report

May 2024

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

US & Canada

  • California Chamber of Commerce challenges California Privacy Protection Agency (CPPA) authority to promulgate regulations without providing a compliance grace period
  • Colorado passes a landmark AI bill, becoming the first US state to enact comprehensive AI legislation and creating a model for other states
  • Ontario’s government passes cybersecurity act obliging public sector bodies to develop, implement, and govern cybersecurity programs
  • Quebec publishes final anonymization regulations, with minor changes to the draft version that further relax obligations on organizations
  • US Federal Trade Commission (FTC) finalizes changes to the Health Breach Notification Rule, clarifying its applicability to health apps and expanding the information covered entities must provide consumers in the event of a breach
  • US FTC warns car manufacturers that they will take action to protect consumers against the illegal collection, use, and disclosure of their personal data
  • US Department of Commerce announces new actions to implement President Biden’s Executive Order on AI
  • US Federal Communications Commission (FCC) fines wireless carriers $200 million for illegally sharing access to customer location data without consent
  • US Department of Health & Human Services (HHS) shares its plan for promoting responsible use of artificial intelligence in automated and algorithmic systems
  • Vermont’s General Assembly passes a comprehensive privacy bill containing a groundbreaking private right of action

EMEA

  • Germany’s Conference of the Independent Data Protection Authorities (DSK) provides an overview of privacy criteria that must be considered when using generative AI
  • Europe’s Council of Europe adopts the first international treaty on AI, setting out a legal framework covering the AI lifecycle while promoting responsible innovation
  • EU’s Council of the European Union gives final approval to the AI Act, which is due to enter into force in June
  • Netherland’s DPA releases guidelines explaining why web scraping is generally considered illegal under the GDPR (guidance in Dutch)
  • Nigeria’s DPA issues guidance on the registration of data controllers and data processors of major importance, with entities expected to register by June 2024
  • Spain’s Agencia Española de Protección de Datos (AEPD) issues joint guidance with three regional DPAs for Wi-Fi tracking technology

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APAC

  • New Zealand’s Office of the Privacy Commissioner releases a draft biometrics privacy code, giving biometrics protection beyond the Privacy Act 2020
  • Singapore updates cybersecurity laws to better protect national interests, adding new categories of entities whose digital defenses will be audited

LATAM

  • Brazil’s Autoridade Nacional de Proteção de Dados (ANPD) submits proposed changes to Law No. 2338, which aims to regulate AI systems in Brazil (in Portuguese)

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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