Intelligent CISO Issue 11 | Page 38

FEATURE As significant fines are levied, I believe the definition of personal data will become clearer. But that’s the catch and reflects my earlier point – we’re still waiting for regulators to levy a substantial fine for failure to protect personal data and/or the inability to prevent a data breach. Until that happens, confusion will remain rampant and organisations will flounder in their efforts to achieve GDPR compliance. Changing the ‘doing just enough’ attitude A by-product of the confusion around GDPR compliance is the attitude many organisations employ in their compliance initiatives and efforts. I believe the true inspiration behind GDPR was to force organisations to become good data stewards, to re-examine their data management and protection polices and to develop strategies that would give consumers peace-of-mind that their data was protected by these companies. But that’s not what’s happening. Instead of employing good data stewardship practices, many organisations focus their compliance efforts on doing just enough to avoid fines or other punitive consequences. The definition of ‘just enough’ will continue to be a moving target given the broad definition of personal data contained within the legislation. As a result, organisations with this mindset will find true compliance remains elusive. As is the case with confusion around personal data, the driving force for better data stewardship – or, complying with the spirit as well as the letter of GDPR legislation – will be significant enforcements and fines. Luckily, as more nations and regions/states enact legislation like GDPR, there will be more opportunities for this type of meaningful enforcement. The rise of legislation – who’s doing it right? From California to Brazil to India, everyone is clamouring to enact GDPR- like legislation aimed at protecting consumer data. While I’d love to say this 38 movement is truly altruistic in nature, it’s likely these governments understand the revenue potential they can realise through fining organisations that fail to comply. That said, what these laws mean is that, eventually, organisations who want to do business anywhere will need to consistently demonstrate personal data protection is top-of-mind in their business practices. More importantly, I believe these laws will act as a forcing function to change the mindset of those organisations who only want to do what they must to meet basic compliance requirements. I saw an example of this attitude shift during a recent trip to India. India is looking to enact data privacy legislation later this year and in speaking with Indian executives and security professionals, compliance is top-of- mind. But their efforts go further than We’re still waiting for regulators to levy a substantial fine for failure to protect personal data and/or the inability to prevent a data breach. that. Instead of asking about specifics around what actions would constitute failure to comply, I found Indian security leaders were concerned with bettering their overall data protection and privacy practices. They were dedicated to enacting best practices around data Issue 11 | www.intelligentciso.com