CLOSER LOOK:
DATA MANAGEMENT
DATA MANAGEMENT
What began as data breach notification statutes has evolved into a plethora of data privacy and artificial intelligence laws.
Data privacy laws impose complex disclosure requirements about the type of personal information collected, the purpose of that collection and the obligations of third parties with whom the data is shared. They grant users broad data rights and require a comprehensive privacy program with detailed policies, employee training, reporting and audits. Certain uses of data require prior user opt-in consent while other uses are subject to a right of opt-out.
ARTIFICIAL INTELLIGENCE
Artificial intelligence laws add enormous complexity and many new risks to the development and use of AI systems. Compliance requires proof of the validity of the data used to train the systems. It also requires that the systems are secure, resilient, transparent, explainable, human-centric, non-biased and accountable. Risk assessments must be performed before the systems are put into operation and throughout their life cycle. These requirements are in addition to those of data privacy laws.
Data management is the term that best captures the scope of these obligations. We fully understand these requirements and the many new ones on the way. We enjoy helping companies tackle these challenges in an effective and efficient way.
Data Privacy & AI
FAQs
WHAT IS THE DIFFERENCE BETWEEN DATA SECURITY & DATA PRIVACY?
Data security or “cybersecurity” is the protection of data and the information systems that it lives on from hacking, loss or unauthorized use. Data privacy, on the other hand, is about honoring the rights and privileges that GDPR and the new US laws give to the natural persons whose data a business collects, processes and uses.
Data security is about 75% technical (access controls, open ports, unpatched software, etc.) and 25% governance whereas data privacy is just the opposite; i.e., 75% governance and 25% technical.
Is artificial intelligence just another aspect of data privacy?
No.
There are many technical differences between data privacy and AI, but they are actually 2 separate regimes relating to the larger concept of data management.
Artificial intelligence is about processing data to train models to automatically make human-like decisions that can impact people’s fundamental rights.
Generative AI, on the other hand, is processing data to create content that may be false (deep fakes), misleading, fraudulent, or violate individual rights, including the use of data the developer did not have the right to use.
What Should Companies Know about Data Management?
Data management issues and their associated business, regulatory and enforcement risks will continue to expand. We have over 20 new state data privacy laws, several new health care laws and a growing list of artificial intelligence laws.
The process of complying with these new laws takes time, effort and money. It requires an analysis of how all data, including personal information, is collected and used, where it is stored and how it can be effectively managed.
Companies must implement policies, procedures, employee training and a privacy culture throughout the enterprise. It cannot be done overnight and requires a focused deliberate effort in the context of your business goals and timelines.
How Does A Company comply with these laws?
All data compliance begins with an assessment. No one can truly advise a business about its compliance status without assessing exactly where the company is doing business, what kind of data it is collecting, from whom, for what purpose and who do they share it with?
Many software companies have tried to automate this process and, while many technical security controls can be scanned by software, the application of complex data privacy rules cannot be automated. They require an assessment in the unique language of these regulations by every office which handles personal information.
Businesses need expert help and it is usually outside help since the rules are so complex and new laws & regulations are passing so rapidly.