Data privacy concern is a prevailing topic. This piece, is the first part of a series that we will share that will address what
clients wrestle with regarding their delivery and administration of technology
for their own clients and their day-to-day operations. Technology will continue to influence our
daily lives. With some of the benefits
comes challenges. The benefits allow
more freedoms and increase efficiencies for the user and consumer. The challenges are present for both the
consumer and the operator administrator of the technological innovation. The questions gnaw. Can the data be kept and
transmitted safely? Can the data be kept private as required? With the nuanced articles on the subject,
these questions are what it should be the gravamen. Can data be kept safe and can it be kept
private as it is administered daily in the delivery of services?
This also is about having trust in the development and the reliability
of systems, networks, programs, hardware, and the personnel administering them
all; and by the way, trust on the combination of technological solution and
integration to deliver the needed safety and ultimate privacy. As such, the trust then has value. Value in trust is to both the individual
expecting privacy and to the entity responsible for maintaining safety and the privacy
as it is a custodian of the data, especially as the data is augmented daily
with users use of services.
The trust element in innovation and administration of the
technology to maintain data safe and private increases in importance as
reliance on technology increases in society.
To address that growing reliance there needs to be a basis, a standard,
or a measure by which regulators and the courts can decide when that basis,
standard, or measure was not met. Of
course, that’s for litigation hit. But
it is also for pointing to a goal on how data protection will coexist with
consumer privacy, as it is expected, though it is unsaid.
The idea that is counseled to entities that endeavor in
this realm, as it applies to the purveyor of technology, administrator of cloud
systems, data aggregators, network designer, source code writer, is that
privacy is the end game buttressed by being accountable. The end game of privacy is in the data
maintained, transmitted, accessed, and delivered to the correctly identified
and intended recipient. Accountability
is the ingredient in pursuit of new ways and programs developed that innovate
into that coexistence of data protection and consumer privacy. Accountability in that process is essential
to meet with the reliance of consumer trust and confidence. This accountability
should be based on checks and balances in the approach for the development,
application, and delivery of daily data services. This accountability, as well must be an
organizational task instilled in management and throughout the organization
down the service line. As client addresses
this issue they realize it’s their decision-making process that needs
addressing as they focus on privacy of the data they are administering or the
result of the program designed. Their
approach needs to surpass the short-sighted view of regulatory compliance.
The experience demonstrates that as clients find themselves
needing to address their decision-making regarding privacy, data protection,
consumer expectations and trust, their accountability, they realize that their
culture is changed. Policies then are
the result of that cultural accountability way of thinking that emphasizes
privacy. Privacy programs within
organizations will be seen to require levels of cooperation. The internal aspect of the change should
drive the entity to instill data governance, risk assessment, and needs
evaluation. The approach should be one
of data governance that syncs legal, operations, contract management,
information technology, and human resources, to name a few, together for the
levels to see eye-to-eye on data protection and its relationship to consumer privacy
and the consumers' trust component.
The relationship of
data protection to data privacy is usually seen in application as the
technological and administrative existence of the means by which digital
information is operatively used, shared, described, analyzed, etc. That focal point is more than just
administering who has access and can anyone else be able to decipher the data
in transmission amid networks. The
challenges to the necessary coexistence of data protection and consumer privacy
are not for academic theorizing or esoteric concepts.
They are hard and force honest
considerations to the applications and efforts to achieve the privacy and
protection desired and expected. Other
issues will be discussed on the next piece.Originally published www.lorenzolawfirm.com March 8, 2017
Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web." Copyright 2017, all rights reserved Lorenzo Law Firm, P.A.
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