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The Digital Privacy Bill 2022, once it comes into force, will change the way businesses operate. The new regulatory law requires businesses to move away from legacy processes and silos and adopt a comprehensive data protection program built with sustainability in mind. In an interview with Shashidhar Angadi, Co-Founder and CTO, Exterrohe discusses the importance of data protection and how technology can pave the way for cost-effective investments that can help businesses comply with the new regime.
- Modern data protection – wherever and whenever you need it most
The quote “Data is the new oil” has been around for a while. Historically, data protection has focused on high availability and redundancy with a focus on recovery time objective and recovery point objective. With the digital transformation that has occurred in recent years, the viability and success of an enterprise relies on proper data management. Well-managed data can maximize the ability of businesses to make effective and informed decisions for revenue growth and profitability. Most organizations require modern data protection. Modern data protection enables organizations to handle petabyte-scale data and helps them comply with stricter data protection and privacy laws. It also provides resilience against internal and external threats. Modern data protection helps organizations deal with cyberattacks and ransomware as remote work increases the prevalence of endpoints.
2. The importance of data protection software in different environments
Data protection software provides resilience against cyberattacks and ransomware. As organizations move to a hybrid model with on-premises and cloud systems, data protection software helps manage and protect data across a distributed infrastructure. Having a centralized data management system allows us to view data through a single pane of glass and also look for threats and vulnerabilities and mitigate them effectively. Good data protection software helps with broader business goals, including resilience, governance and risk management.
3. How data protection and cyber resilience go hand in hand
When we look at the cyber risk that most organizations must deal with, one area has always been a major vulnerability: third-party visibility. There is a knowledge gap about which third parties have access to organizational data and what data privacy risks arise from a lack of third party visibility. There are also gaps in knowledge about third-party security practices. Therefore, any comprehensive data protection program will also need to understand vendor risk. With the right technology, these risks can be mitigated.
Data privacy and cybersecurity are closely related, as cybercriminals often target private and user data while carrying out attacks. Having a robust data protection program with nuanced tools to mitigate legal and cyber risk is now more important than ever. But a data protection program will also require organizations to harmonize data deletion and retention strategies. Simply put: data you don’t have can’t be hacked. The proposed Digital Data Protection Bill 2022 requires just that — retaining only data that is important to core business practices. Adopting data privacy tools can allow organizations to identify which data to keep and which data to delete. Such technology may also identify whether the data is under another regulatory obligation or has been requested by a customer to be deleted. At their core, data minimization and cybersecurity are two sides of the same coin as it helps businesses establish deterrence against attacks.
4. Business commitment to effective data protection and management
Data protection is important because it prevents proprietary business information and customer data from falling into the wrong hands, whether it’s cybercriminals trying to extract it through hacking, phishing or insider threats and corporate espionage. In the age of data, any organization that wants to operate effectively must ensure the safety of the data it stores. It is not unreasonable that countries around the world implement data privacy regulations, setting out the rights of consumers and employees over business use of personal data, fines for breaches of personal data and requiring businesses to retain the data they need.
The data protection program helps to build trust in the business. If organizations fail to recognize its importance, they will have to pay exorbitant amounts of fines and risk huge losses as a result. But there is light at the end of the tunnel. Many organizations struggle to answer a number of questions related to what data they store, why they store it, how prepared they are to respond to user requests for that data, and who has access to it. It is the responsibility of every business to formulate comprehensive data protection programs, even if it needs process changes to comply with regulations.
5. What the Digital Data Protection Bill 2022 means for business
Data protection in India is currently governed by the Security and Sensitive Personal Data or Information Practices and Procedures, 2011 and the Information Technology Act, 2008. But after the new Digital Privacy Act is passed, this will have major implications for organizations across sectors. If companies do not begin to make changes to existing processes, the transition from complying with SPDI rules to the new and more complex law can present major challenges. Data currently resides in silos in most companies and this approach will need to change if businesses are to comply with the upcoming law, as it spells out the responsibilities of organisations, how they should manage the data they hold and also may respond to data subject access requests. As it imposes hefty fines for non-compliance, businesses have no choice but to adopt data protection mechanisms.
But any change in business processes cannot be accomplished overnight, and organizations must begin building holistic data protection programs now. The new bill calls on organizations to create a legally defensible data protection program, but as data volumes skyrocket, organizations cannot comply without the right technology. Businesses will need to assess which technology is best for mitigating legal risks. There are four questions businesses should ask themselves when choosing the right technology: Does the technology help us create a defensible and scalable data inventory? Can technology automate data subjects’ access requests? Can the solution address cyber risk? And does the tool automate data minification and retention?
6. How the right tools can help data fiduciaries prepare to comply and stay agile amid changing regulations
To effectively comply with the law, data trustees or organizations must have an effective inventory of data held across departments in a centralized repository. This would be almost impossible with the huge amount of data generated every day. With tools that are easy to configure and scale, organizations can create a comprehensive data inventory that provides a roadmap for meeting compliance obligations, identifying existing vulnerabilities, and demonstrating accountability. Automated tools can also collect data subject access request information within minutes and also identify which data should be retained to meet parallel compliance norms and which data should be deleted. These tools also have the potential to identify and address third-party risk and ensure that organizations also comply with cybersecurity norms. Without a unified solution to address the huge data protection challenge in India, businesses would risk non-compliance and end up paying huge fines.
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