The New Wave of Data Compliance Laws
With sensitive data encompassing much more than just Social Security numbers, enterprises must adapt to comprehensive data privacy laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), to safeguard all personal data effectively.
Understanding this nuanced and shifting terrain is vital, particularly as the definition of personally identifiable information (PII) broadens.
Effective data management strategies that align with both international data transfers and local data protection laws, paired with the right technological tools like cloud services and advanced data encryption, can fortify a company's data security compliance.
As privacy legislation evolves and consumers grow more aware, the importance of establishing a robust company culture around data compliance cannot be overstated.
What Are Data Compliance Laws?
Data compliance laws are regulations set by governments or industries that dictate how organizations should handle personal information. These laws aim to protect individuals' privacy and security by outlining how data can be collected, stored, used, and disposed of.
Here's a breakdown of what data compliance laws are about:
- Data Security: These laws ensure that sensitive information is protected from unauthorized access, breaches, or loss. This often involves encryption and access controls.
- Data Privacy: These laws give individuals rights over their personal data. This can include the right to know what data is collected, how it's used, and the ability to access, correct, or delete it.
- Transparency: Organizations are required to be transparent about their data practices, informing users about what data is collected and how it's used.
Data compliance laws vary by region and industry. Some well-known examples include:
- General Data Protection Regulation (GDPR): This regulation applies to any organization processing the data of EU residents.
- Health Insurance Portability and Accountability Act (HIPAA): A US law safeguarding patients' medical records and personal health information.
- California Consumer Privacy Act (CCPA): A law granting California residents control over their personal data collected by businesses.
Compliance is crucial for organizations to avoid hefty fines, legal repercussions, and reputational damage from data breaches or privacy violations.
The Importance of Company Culture Around Data Compliance
IT teams put a different value on organizational data compared to the departments that own it. The perceived value of data has a direct impact on the safeguards companies put in place to protect it.
Therefore, it’s important to establish consistent processes for determining accurate value. At the same time, it’s worth noting that the very definition of PII itself is growing and changing.
Most people would think it’s obvious, for example, that they should treat a Social Security number as being highly sensitive. Other data elements are not as clear-cut.
Let’s take the California Consumer Privacy Act (CCPA). Its definition of personal information is broad. It includes any data that someone might be able to associate with an individual. It does this without explicitly stating which data points we should consider as being personal.
How Can Enterprises Defend Themselves Against Lawsuits?
Regulatory bodies worldwide don't share a common understanding of PII. Therefore, companies should establish their own definitions, which should relate to the norms of the geographical regions where they operate.
Organizations need to carefully and consistently adhere to those definitions. That should be with the right levels of protection, monitoring, and training.
This acts as evidence that an organization has been proactive. They’ll have been addressing data privacy issues with policies and procedures. This can make a big difference in court compared with a company or enterprise that has nothing in place at all.
The Power of the Consumer
Consumers are changing the way they make key decisions about which organizations they want to do business with. They can base these on factors that go a lot further than quality and price.
Some prefer companies that reflect their own values around social or environmental issues, for example. Data privacy considerations are fast becoming a key consideration, too.
At the same time, more businesses are realizing other benefits of data adherence. They recognize that it is essential for maintaining a good public presence and reputation.
The Growth and Spread of Data Protection Laws
Data privacy regulations are going to become more prevalent. They’re spreading state by state in the U.S. On top of that, they’re likely to be more far-reaching and yet be more punitive for anyone in violation of them.
At least a dozen states, including New York and Washington, are developing new regulations. Some requirements are likely to overlap with the big guns like the GDPR and CCPA. Others will not. That’s going to create even more compliance headaches for the organizations affected.
Nevada has already introduced its own data privacy rules. Its law is a little narrower compared to California's.
It mainly expands on existing requirements and exempts businesses that already had to comply with the Health Insurance Portability and Accountability Act (HIPAA) or the financial industry's Gramm-
Leach-Bliley Act (GLBA).
California voters have now approved another privacy law, the California Privacy Rights Act (CPRA). The plan took effect in 2023 and considered aspects of data privacy from the previous year.
It expanded and amended some of the requirements contained in the CCPA. That includes creating a new category of personal information. Sensitive Personal Information is the name for it. It also establishes a brand new privacy regulator known as the California Privacy Protection Agency.
Companies need to proactively address their treatment and handling of consumer data globally. If not, they’re asking for trouble in the future. Being well-prepared includes:
- Understanding the location of sensitive data
- Establishing the value of that data to the business
- Putting policies in place to reflect organizational and regulatory priorities
You might be holding out hope for new federal laws that could effectively suck up aspects of all the different state rules. Even if there was federal legislation that could preempt the multiple state laws, it could take years to create. It would not be likely to happen in the foreseeable future.
The Verdict: A Greater Understanding of Data Compliance
Having processes in place to deal with the wave of new data compliance regulations makes business sense. Part of the solution lies in the digital technology that has brought about the sea change in data protection laws.
Using smart technology to scan your documents for PII is one concrete way to help ensure data compliance for you and your business. iDox.ai can do this for you and much, much more.
Incorporate iDox.ai into your data compliance strategy today. Get in touch with us now to find out how we can help you with all your data compliance issues.