Significance of Data Protection Measures

⚠️Privacy Risks in AI Management: Lessons from Italy’s DeepSeek Ban⚠️ Italy’s recent ban on #DeepSeek over privacy concerns underscores the need for organizations to integrate stronger data protection measures into their AI Management System (#AIMS), AI Impact Assessment (#AIIA), and AI Risk Assessment (#AIRA). Ensuring compliance with #ISO42001, #ISO42005 (DIS), #ISO23894, and #ISO27701 (DIS) guidelines is now more material than ever. 1. Strengthening AI Management Systems (AIMS) with Privacy Controls 🔑Key Considerations: 🔸ISO 42001 Clause 6.1.2 (AI Risk Assessment): Organizations must integrate privacy risk evaluations into their AI management framework. 🔸ISO 42001 Clause 6.1.4 (AI System Impact Assessment): Requires assessing AI system risks, including personal data exposure and third-party data handling. 🔸ISO 27701 Clause 5.2 (Privacy Policy): Calls for explicit privacy commitments in AI policies to ensure alignment with global data protection laws. 🪛Implementation Example: Establish an AI Data Protection Policy that incorporates ISO27701 guidelines and explicitly defines how AI models handle user data. 2. Enhancing AI Impact Assessments (AIIA) to Address Privacy Risks 🔑Key Considerations: 🔸ISO 42005 Clause 4.7 (Sensitive Use & Impact Thresholds): Mandates defining thresholds for AI systems handling personal data. 🔸ISO 42005 Clause 5.8 (Potential AI System Harms & Benefits): Identifies risks of data misuse, profiling, and unauthorized access. 🔸ISO 27701 Clause A.1.2.6 (Privacy Impact Assessment): Requires documenting how AI systems process personally identifiable information (#PII). 🪛 Implementation Example: Conduct a Privacy Impact Assessment (#PIA) during AI system design to evaluate data collection, retention policies, and user consent mechanisms. 3. Integrating AI Risk Assessments (AIRA) to Mitigate Regulatory Exposure 🔑Key Considerations: 🔸ISO 23894 Clause 6.4.2 (Risk Identification): Calls for AI models to identify and mitigate privacy risks tied to automated decision-making. 🔸ISO 23894 Clause 6.4.4 (Risk Evaluation): Evaluates the consequences of noncompliance with regulations like #GDPR. 🔸ISO 27701 Clause A.1.3.7 (Access, Correction, & Erasure): Ensures AI systems respect user rights to modify or delete their data. 🪛 Implementation Example: Establish compliance audits that review AI data handling practices against evolving regulatory standards. ➡️ Final Thoughts: Governance Can’t Wait The DeepSeek ban is a clear warning that privacy safeguards in AIMS, AIIA, and AIRA aren’t optional. They’re essential for regulatory compliance, stakeholder trust, and business resilience. 🔑 Key actions: ◻️Adopt AI privacy and governance frameworks (ISO42001 & 27701). ◻️Conduct AI impact assessments to preempt regulatory concerns (ISO 42005). ◻️Align risk assessments with global privacy laws (ISO23894 & 27701).   Privacy-first AI shouldn't be seen just as a cost of doing business, it’s actually your new competitive advantage.

The GDPR is seven years old! (ok, we're celebrating a few days late (it was 5/25!) The General Data Protection Regulation (GDPR) officially became enforceable on May 25, 2018. And we celebrate this day because GDPR holds great significance across the world. Not only did it drive many companies to begin to take consumer data protection seriously, it also encouraged many consumers to ask an important question: What are you doing with MY data? While GDPR created rules for essentially any organization that handles personal information of an individual in the EU, it inspired similar regulations across the world, including here in the United States. Here’s what GDPR started that stuck around: ✅ Countries like Brazil, India, and Japan passed similar GDPR-like laws ✅ U.S. states—starting with the California Consumer Privacy Act (CCPA)—followed with their own versions, reflecting similar principles ✅ Companies had to rethink how they handle, protect, share, and sell data ✅ Consumers gained awareness and more rights over how their data is used ✅ Data privacy became a boardroom topic, not just an IT issue   GDPR also set best privacy program practices, like:   The importance of having a business purpose (a.k.a. legal basis in GDPR terms) for processing personal information. Keeping your data inventory (known as a ROPA under the GDPR) up to date, accounting for any new business processes, new data elements collected, systems/software used, and new use cases. Auditing cookie consent banner to ensure it's visible, free of "dark patterns", provides users with equal opt in/opt out choices, and functions properly. Conducting privacy impact assessments (PIAs or DPIAs under GDPR) to spot risks and ensure compliance with privacy laws for new or modified data processing activities. Evaluating privacy rights request processes (DSARs in the EU) to ensure you have a system in place when someone exercises their privacy rights. Reviewing (and updating) privacy notices regularly to ensure it's easy to read and accurately tells consumers what data of theirs is collected and how it’s used and/or shared. The significance of privacy training and equipping marketing, HR, IT, customer service and other departments with knowledge to keep your privacy practices strong and effective.   Seven years in, the GDPR isn’t old news.   It’s still a playbook for companies building trust.   Happy birthday, GDPR!

📢 Introducing the 2024 Kiteworks Sensitive Content Communications Privacy and Compliance Report 📢 In today's digital age, protecting sensitive content has never been more crucial. Our latest report dives deep into the challenges organizations face and provides actionable insights to help safeguard critical information. Here are some key takeaways: 🔐 Rising Risks with Third-Party Communications: With a staggering 68% increase in data breaches related to third parties, it's clear that the software supply chain remains a significant vulnerability. Organizations must ensure that all communication tools used are vetted for advanced security capabilities. 📊 Impact of Communication Tool Proliferation: Organizations using more than seven communication tools are 3.55 times more likely to experience ten or more data breaches. This highlights the importance of consolidating and securing communication channels. 📈 The High Cost of Compliance and Litigation: 62% of organizations spend over 1,500 staff hours annually on compliance reporting. Moreover, those exchanging sensitive content with over 5,000 third parties are incurring over $5 million in annual litigation costs. 🤖 Emerging AI Cyber Risks: As AI technology advances, the risks associated with public language models increase. Nearly one-third of employees have placed sensitive data into public GenAI tools, posing significant data breach risks. 📜 Navigating Compliance Complexities**: With varying regulations across jurisdictions, 93% of organizations have rethought their cybersecurity strategies in the past year. Compliance with standards like GDPR remains a top priority. Kiteworks' report provides detailed insights and practical strategies to address these challenges. Download the full report to learn how you can enhance your organization's data security and compliance measures. 💡Educate yourself, stay vigilant, and share to strengthen our collective defense! 🔗 Download the 2024 Kiteworks Report Now: https://lnkd.in/esMhU-eM 👈 #CyberSecurity #DataProtection #Compliance

As a lawyer who often dives deep into the world of data privacy, I want to delve into three critical aspects of data protection: A) Data Privacy This fundamental right has become increasingly crucial in our data-driven world. Key features include: -Consent and transparency: Organizations must clearly communicate how they collect, use, and share personal data. This often involves detailed privacy policies and consent mechanisms. -Data minimization: Companies should only collect data that's necessary for their stated purposes. This principle not only reduces risk but also simplifies compliance efforts. -Rights of data subjects: Under regulations like GDPR, individuals have rights such as access, rectification, erasure, and data portability. Organizations need robust processes to handle these requests. -Cross-border data transfers: With the invalidation of Privacy Shield and complexities around Standard Contractual Clauses, ensuring compliant data flows across borders requires careful legal navigation. B) Data Processing Agreements (DPAs) These contracts govern the relationship between data controllers and processors, ensuring regulatory compliance. They should include: -Scope of processing: DPAs must clearly define the types of data being processed and the specific purposes for which processing is allowed. -Subprocessor management: Controllers typically require the right to approve or object to any subprocessors, with processors obligated to flow down DPA requirements. -Data breach protocols: DPAs should specify timeframes for breach notification (often 24-72 hours) and outline the required content of such notifications, -Audit rights: Most DPAs now include provisions for audits and/or acceptance of third-party certifications like SOC II Type II or ISO 27001. C) Data Security These measures include: -Technical measures: This could involve encryption (both at rest and in transit), multi-factor authentication, and regular penetration testing. -Organizational measures: Beyond technical controls, this includes data protection impact assessments (DPIAs), appointing data protection officers where required, and maintaining records of processing activities. -Incident response plans: These should detail roles and responsibilities, communication protocols, and steps for containment, eradication, and recovery. -Regular assessments: This often involves annual security reviews, ongoing vulnerability scans, and updating security measures in response to evolving threats. These aren't just compliance checkboxes – they're the foundation of trust in the digital economy. They're the guardians of our digital identities, enabling the data-driven services we rely on while safeguarding our fundamental rights. Remember, in an era where data is often called the "new oil," knowledge of these concepts is critical for any organization handling personal data. #legaltech #innovation #law #business #learning