Managing Director Amol Pitale recently conducted a seminar on India’s “Digital Personal Data Protection Act 2023” with a focus on the technological challenges in the implementation of the provisions and how the industry should prepare. This interactive session with participants from a range of business areas including technology, risk, legal, and compliance, raised a number of interesting questions. Below are some highlights of the Q&A discussion:
Q: What factors should one consider when choosing the right privacy management platform/tool for their organization?
A: This is an important decision that the organization will have to make, taking into consideration some key factors including:
- The laws you need to comply with and the support the platform provides
- The size and complexity of your organization
- The specific privacy needs of your organization
- The budget
- The features that you envisage to use
Q: How can technology be used to detect and respond to data breaches in a timely and effective manner?
A: Technology can be used in multiple ways in such cases. I have listed a few examples below:
- Security information and event management (SIEM) systems collect and analyze data from a variety of sources, such as logs, and network traffic, to identify potential security threats
- Intrusion detection systems (IDS) monitor network traffic for suspicious activity, such as unusual patterns of traffic or attempts to access unauthorized systems
- Data loss prevention (DLP) systems monitor data for sensitive information and prevent unauthorized access to or transmission of this data
- User and entity behavior analytics (UEBA) systems monitor user behavior and system events for anomalies that could indicate a data breach
- Threat intelligence feeds provide information about known security threats, such as malware and vulnerabilities
Q: How can technology be used for effective consent management?
A: The use of technology helps organizations to comply with privacy laws and regulations, and to build trust with their customers and employees.
Technology can be used for effective consent management by:
- Making it easy for individuals to give, withdraw, and manage their consent
- Ensuring that consent is informed and freely given
- Tracking and recording consent
- Automating consent management processes
Q: How does the Digital Personal Data Protection Act (DPDPA) compare to the General Data Protection Regulation (GDPR)
A: The DPDP Act and the GDPR are both comprehensive data protection laws that share many similarities. However, there are also some key differences, such as the scope, the requirements for consent, the definition of sensitive data, data localization requirements, and penalties, etc.
If you would like to find out more about the points raised in this Q&A, or if you are focused on organizational compliance with the Digital Personal Data Protection Act 2023, please reach out for further support.
© Copyright 2023. The views expressed herein are those of the author(s) and not necessarily the views of Ankura Consulting Group, LLC., its management, its subsidiaries, its affiliates, or its other professionals. Ankura is not a law firm and cannot provide legal advice.
