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General Data Protection Regulation: Defense or Offense?
IT professionals everywhere now know that new data protection rules — the General Data Protection Regulation (GDPR) — went into effect on May 25th across Europe, changing how organizations treat personal data. This was the first overhaul since the EU's Data Protection Directive in 1995, shortly after the EU was established. Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
While GDPR is not currently in political debate, we should watch for this debate to bubble up. Staving off expanded EU policy from Britain survives as a BREXIT issue, and GDPR may urge other sovereign nations to question this expansion as well. It is a reminder that the EU is the policy-making umbrella for its member states. Initially, GDPR was welcomed by organizations having experienced data breaches and even more by affected individuals. A deeper concern is how the regulation will be imposed beyond the EU and how businesses and individuals will be affected as the umbrella opens to include other countries in the global economy.
Wired UK offers much commentary on GDPR, pointing to the confusion that remains largely because there is policy without corresponding implementation plans. With BREXIT in mind, it seemed important for the UK to respond early and independently. But as Clare Hopping pointed out in UK's IT Pro's online report: “GDPR won't only apply to UK companies while Britain remains a part of the EU. That's because GDPR is not dependent on whether or not a company is based in a member state. When the legislation comes into effect it will apply to any organization processing or using EU residents' personal data.” The UK Data Privacy Act received Royal Assent and became law on May 23rd, immediately ahead of GDPR.
Compliance Challenges
While everyone seems to understand the goals as privacy, protection, and data-owner control, not the least of the difficulties has been prescribing the technical requirements to reach the desired outcomes. Organizations have been left largely to their own devices to invent, copy, or purchase programs that would complement their own current infrastructures and meet regulations they know to be imposed on all organizations trading in the global market.
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