Once data began going digital, authorities realized a need to protect it. Thus, the creation of data privacy rules and regulations to address cyber threats. Many organizations have one or more data privacy policies they need to meet.
Those in the U.S. healthcare industry and their service partners need to comply with HIPAA. Anyone collecting payment card data must worry about PCI-DSS. GDPR is a wide-reaching data protection regulation. It impacts anyone selling to EU citizens.
Industry and international data privacy regulations are just the tip of the iceberg. Many state and local jurisdictions also have their own data privacy laws. Organizations must be aware of these compliance requirements. But they also need to know about updates to these rules.
By the end of 2024, about 75% of the population will have its data protected by one or more privacy regulations.
The Attorney-General's Department's review of the Privacy Act 1988 has been handed down and coming are 116 proposed changes that will soon become new data privacy statutes.
Businesses must stay on top of their data privacy compliance requirements. Otherwise, they can suffer. Many standards carry stiff penalties for a data breach. And if security was lacking, fines can be even higher.
The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 increases the maximum penalties for serious or repeated privacy breaches from the current $2.22 million penalty to whichever is the greater of:
three times the value of any benefit obtained through the misuse of information; or
30 per cent of a company's adjusted turnover in the relevant period.
Does all that sound scary?
Don’t worry, we have some tips below for you. These can help you keep up with data privacy updates coming your way.
Does your organization have a list of the different data privacy rules it falls under? There could be regulations for:
· Where you sell (e.g., if you sell to the EU)
· City or county
· Federal (e.g., for government contractors)
Identify all the various data privacy regulations that you may be subject to. This helps ensure you’re not caught off guard by one you didn’t know about.
Don’t get blindsided by a data privacy rule change. You can stay on top of any changes by signing up for updates on the appropriate website. Look for the official website for the compliance authority.
The Attorney-General's Department has many useful links and to the different regulatory body's involved with all aspects of the privacy act.
You should have updates sent to more than one person. Typically, your Security Officer or equal, and another responsible party. This ensures they don’t get missed if someone is on vacation.
Companies are always evolving their technology. This doesn’t always mean a big enterprise transition. Sometimes you may add a new server or a new computer to the mix.
Any changes to your IT environment can mean falling out of compliance. A new employee mobile device added, but not properly protected is a problem. One new cloud tool an employee decides to use can also cause a compliance issue.
It’s important to do at least an annual review of your data security. Match that with your data privacy compliance requirements to make sure you’re still good.
Something else you should audit at least annually is your policies and procedures. These written documents that tell employees what’s expected from them. They also give direction when it comes to data privacy and how to handle a breach.
Audit your security policies annually. Additionally, audit them whenever there is a data privacy regulation update. You want to ensure that you’re encompassing any new changes to your requirements.
When you receive a notification that a data privacy update is coming, plan ahead. It’s best to comply before the rule kicks in, if possible.
Look at three areas of your IT security:
· Technical safeguards – Systems, devices, software, etc.
· Administrative safeguards – Policies, manuals, training, etc.
· Physical safeguards – Doors, keypads, building security, etc.
Employees should be aware of any changes to data privacy policies that impact them. When you receive news about an upcoming update, add this to your ongoing training.
Good cybersecurity practice is to conduct ongoing cybersecurity training for staff. This keeps their anti-breach skills sharp and reminds them of what’s expected.
Include updates they need to know about so they can be properly prepared.
Remember to always log your training activities. It’s a good idea to log the date, the employees educated, and the topic. This way, you have this documentation if you do suffer a breach at some point.
Data privacy compliance can be complex. But you don’t have to figure it all out yourself. Our team at Portal Technology is well-versed in compliance needs. Give us a call today to schedule a chat.
If your in Darwin you could also pop in to visit us in our Parap office at 107/12 Salonika Street.
Article used with permission from The Technology Press.
Portal Technology is one of the longest serving ICT companies in the Territory and have been helping clients with all their ICT requirements since 2000.