Data privacy, in some cases also known as data security, is a field of concern that involves the proper management of sensitive data such as, in particular, personal data in order to satisfy regulatory requirements and also protecting the user from unauthorized access; in other words, the concern for ensuring that only the entitled can have access to this data. The issue of data privacy has been a hot topic of debate in recent years because of increasing incidences of identity theft and online abuse. Without addressing the issues of security and privacy directly, it is important to point out that most IT solutions today provide the means for users to control access to their data. For example, the password system for a computer system enables authorized users to access data files, folders, and programs on the network without having to reveal their passwords or passcodes. Similarly, various networks and data centers enable various users to establish various levels of permissions that can be revoked or edited by the administrator.
Data protection is not only about protecting personal data. It is also necessary to protect confidential corporate information that is needed for the operation of your business. It is critical to consider the risks to the confidentiality of any information you maintain in your database or network. Furthermore, organizations that operate a global business presence need to take into consideration the risk of international transfer of sensitive data. There are also risks involved when a person loses access to their secure data privacy rights are compromised.
Ensuring that the appropriate safeguards are put in place to protect sensitive data begins with the implementation of effective data security management procedures. These procedures must be well written, carefully monitored, and consistently implemented in order to achieve data privacy and meet regulatory compliance. Implementing a process to monitor and guarantee compliance with data security standards is a primary step towards establishing data privacy and security. Additionally, there are laws that require organizations to take specific measures to protect sensitive consumer data.
The primary goal of most laws is to protect individuals from identity theft, which includes the gaining of unfair commercial advantage through the use of another person’s name, address, or other personal information. In addition, data privacy and protection laws may be introduced to help preserve the productivity of businesses. The productivity of companies is directly related to the level of productivity and profitability. Producers of products and services that consumers seek depend on to deliver those products and services can be negatively impacted by
government-imposed regulations and legislation that are designed to protect sensitive consumer information. In addition, laws can also affect advertising campaigns, website content and marketing efforts, and government procurement programs.
Data privacy and protection laws typically seek to balance the need for increased security
against the collection and dissemination of personally identifiable consumer information. This balance often depends upon the nature of the information being collected and the purposes for which it is being collected. For example, laws may limit the use of consumer demographic information such as birth date or address for marketing or advertising campaigns. Laws may also prohibit the use of consumer financial information or bank account numbers for targeted marketing campaigns. However, laws may also allow the sharing of some types of consumer personal information, such as email addresses.
Businesses should consider whether they have implemented privacy policies or procedures to ensure compliance with applicable laws. If a business complies with the laws regulating personal data protection, there is less likelihood of liability exposure. Also, businesses should ensure that they have in place adequate internal controls to prevent the capture and disclosure of personal data. Internal controls refer to those processes undertaken by senior management to ensure that appropriate safeguards are in place to prevent the collection, use, and disclosure of personally identifiable information.
The enforcement of data governance and privacy laws relies on the ability of businesses to demonstrate compliance. For this reason, businesses should seek the assistance of an expert data breach lawyer to assist them in data privacy and protection law enforcement. A legal professional may also be helpful in identifying the scope of breaches in existing privacy policies and procedures. A law firm may also be helpful in assessing the costs associated with potential breaches and the benefits resulting from existing privacy policies and procedures. An attorney also has knowledge and expertise in the area of emotive computing and electronic communications. Emotional harm is considered unnecessary and the protection of personal data minimizes unnecessary risk to users and the marketplace.