As we all know, all organisations collect vast amounts of data as part of their business directing processes. What we unfortunately also know is that some of the big tech companies around the world know more about us than we want them to know. What is even worse is that these big tech companies are selling our personal data which can easily be bought by “bad” organisations that are misusing our personal information.
Therefore, it cannot be reiterated enough: personal information is property that belongs to us, which companies must handle with care.
That makes privacy compliance a much more complex challenge. Companies need to think more about what's best for the consumer as we handle personal data, as well as how to accommodate the consumer and the rights he or she might exercise under various privacy regulations.
In short, businesses need to make a “culture of privacy” a priority, in much the same way as anti-corruption activists like the Integrity Initiative and partners stressed the importance of a culture of compliance in the 2010s. A culture of privacy and security must be the watchword now.
It forces deeper changes in business processes, policies, and corporate awareness of privacy and any time we talk about changes in policy, procedure, and corporate culture, the compliance function is crucial to that.
Creating a privacy culture means fostering an environment within an organisation where the protection of personal data and respect for individuals' privacy rights are fundamental values shared by everyone.
An effective culture of privacy means that everyone, from the frontline employees to the senior management, is aware and accountable for privacy compliance. It involves integrating privacy considerations into every aspect of the business, ensuring that all employees are privacy leaders who understand the significance of data protection, are aware of their responsibilities, and are equipped to handle personal information appropriately.
By embedding privacy into the organisational ethos, businesses can not only emphasise personal information compliance with privacy regulations but also encourage a proactive stance toward transparency in data privacy practices.
A culture of privacy is characterised by collective attitudes and behaviours; a shared commitment to transparency in how data is collected, used, and shared, coupled with an understanding of the rights individuals hold over their personal data. Everyone is a privacy champion for data used within the organisation.
A strong privacy-first culture within an organisation brings several significant business benefits, such as:
1. Building Trust and Reputation: Businesses known for respecting and protecting personal data are more likely to attract and retain customers, as they feel confident that their information is handled with care. This customer trust is a competitive advantage that can enhance the company’s reputation, gain positive feedback, and lead to increased customer loyalty.
2. Compliance and Risk Management: A robust privacy culture emphasizes personal information compliance with data protection regulations (like GDPR and PDPA), reducing the risk of costly fines and legal penalties.
3. Employee Satisfaction and Retention: Employees are increasingly concerned about data privacy, both for themselves and for the customers they serve. A company that prioritises privacy not only attracts talent but also increases employee morale and pride in their workplace.
4. Enhanced Data Security: Organisations that embed privacy into their data protection culture are typically more vigilant about data security; a proactive approach that may lead to a reduction in data privacy breaches and cyberattacks, ultimately safeguarding sensitive information and preserving organisational integrity.
5. Long-term Sustainability: A strong privacy-first culture is aligned with ethical business practices, which contribute to long-term sustainability. Organisations that prioritise ethical considerations are better positioned to adapt to changing regulations and societal expectations, ensuring their lasting success.
The goal of having this privacy culture is collaboration across departments to align data protection goals with broader business objectives and strategies. In essence, a culture of privacy transforms privacy from a mere regulatory obligation into a core component of the organisation's identity, thereby enabling it to leverage data responsibly and effectively in today's data-driven economy.
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When you translate those goals into capabilities that the company must have to get the job done, several emerge as the most important:
1. Data Management
Data Management plays a crucial role in your organisation’s privacy culture. The regulation includes a list of specific types of information within the scope of the Data Privacy law – names, e-mail addresses, photos, audio recordings, internet search history, biometric data, and more – plus the catch-all, “any information that can reasonably be associated” with a specific person.
The most fundamental privacy compliance capability is simply to understand what personal data your company collects. Where does that data enter your extended enterprise? What business processes touch it? What third parties touch it? Where is the data stored?
2. Assessment and Monitoring of Third Parties
Oversight of third parties is not a new capability per se, but the Data Privacy law pushes the need for that capability to new heights. For example, it draws a distinction between “service providers'' and other third parties. A service provider receives personal data from your business as part of a written contract, to execute a specific task for you: write a legal brief, host a website, run payroll, and so forth.
This means privacy compliance functions will need to sharpen their assessment of third parties, to understand the exact business relationship and assure that it meets all the criteria for service providers.
3. Building Compliance Business Processes
Remember, the Data Privacy law gives residents certain rights to their personal data. For example, under the Data Privacy law, consumers have a right to see the data that a company has collected about them. Consequently, companies need to devise privacy policies and procedures to fulfil that right: a way for consumers to submit the request, procedures to identify all the relevant data, and a way to present that list of data back to the consumer.
Well, security specialists have already identified bogus data access requests – where hackers pretend to be someone asking to see his data and dupe a company into sharing it. Companies will need to be aware of that threat and build identity-confirmation controls into their access request procedures.
Likewise, consumers can ask for companies to delete their personal data.
These are only three capabilities a company will need to develop to achieve Data Privacy compliance; we could discuss many more. Fundamentally, the Data Privacy law will require the compliance function to get more involved in structuring business processes, since so many business processes now involve at least some processing of personal data – and achieving Data Privacy compliance is about handling personal data with proper care, at all times.
There is plenty of training on data privacy protection available with industry experts and there is automation available to assist Data Privacy or Data Protection Officers to supervise the data flows in organisations.
In today's data-driven landscape, cultivating a strong privacy culture is imperative for organisations seeking to build trust and ensure compliance with evolving governance policies. As the threat of breaches continue to rise, a well-established privacy culture is a testament of business goodwill, transforming potential privacy risks into competitive advantages and solidifying their reputation in the marketplace.
Contributed by: Henry J. Schumacher (schumacher@eitsc.com), President of the European Innovation, Technology and Science Center Foundation (EITSC). This article was first published in BusinessMirror on 25 July 2022.
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