The Three Pillars: Lawfulness, Fairness and Transparency

The principles of lawfulness, fairness, and transparency are crucial aspects of data privacy that organizations must adhere to when collecting, using, and processing personal information. These principles are enshrined in various privacy laws and regulations around the world, including the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States.

Lawfulness

The principle of lawfulness requires organizations to collect and process personal data only for specified and legitimate purposes. For instance, if an online retailer collects customer data, it must use that data only to fulfill the customer’s order and for no other purpose. This principle also requires organizations to obtain explicit consent from individuals before collecting and processing their data. For example, a healthcare provider must obtain consent from patients before sharing their medical records with third parties.

Fairness

The principle of fairness requires organizations to ensure that their data collection and processing activities do not discriminate against individuals. For example, an employer must not use personal data to discriminate against potential hires based on their race, gender, age, or other characteristics. Similarly, an online retailer must not discriminate against customers based on their location, nationality, or other personal factors.

Transparency

The principle of transparency requires organizations to provide individuals with clear and concise information about their data collection and processing activities. This information must be easily accessible and easy to understand. For example, an online retailer must provide customers with clear and concise information about how it collects and processes their data, including the use of cookies and other tracking technologies.

Complying with these Principles 

The GDPR is a prime example of a privacy law that emphasizes these principles. Under the GDPR, organizations must comply with strict rules regarding data collection and processing, including obtaining explicit consent from individuals before collecting their data, providing individuals with access to their data, and ensuring that their data is processed lawfully, fairly, and transparently.

Another example is the CCPA, which requires organizations to provide individuals with clear and concise information about their data collection and processing activities. The CCPA also gives individuals the right to opt-out of the sale of their personal information and to request that their data be deleted.

In conclusion, the principles of lawfulness, fairness, and transparency are essential aspects of data privacy that organizations must adhere to when collecting, using, and processing personal information. These principles are enshrined in various privacy laws and regulations around the world, and failure to comply with them can result in severe penalties and reputational damage. By adopting these principles, organizations can build trust with their customers and protect the privacy rights of individuals.

Major Privacy Updates of the Week

Upcoming US Senate Bill to set age minimum for access to social media:

Children’s access to social media is expected to be regulated by the introduction of legislation by a bipartisan group of U.S. Senators. 

The bill would prohibit children who are under the age of 13 from accessing social media, and children aged between 13-17 are expected to be allowed with the consent of their parents. How the verification of the children’s age remains unclear. 

Read more.

Ukrainian cyber police arrested a man for selling data to Russian buyers:

A 36-year-old man was arrested by the Ukrainian cyber police for selling the data of Ukrainian and EU citizens. 

The police stated the stolen data were sold based on the volume. Information like passport details, taxpayer numbers, birth certificates, and bank account data was contained in the databases that were discovered by the officers. 

Read more.

Data Protection inquiry over ChatGPT launched by Germany:

The data privacy concerns over ChatGPT resulted in the launching of the inquiry by Germany.

The authorities of Germany wanted to verify whether OpenAI and the EU law inform the people whose data has been used by ChatGPT, it also demands an answer from the US maker OpenAI. 

Read more.

Double Supply chain attack – 3CX compromised:

The Cybersecurity firm Mandiant has reported that the breach of 3CX was caused by an earlier futures trading platform Trading Technologies. This is known to be the supply chain attack caused by another supply chain attack.

However, the source of the breach was said to be caused due to an employee downloading a piece of outdated trading software. 

Read more.

IMF paper states the absence of data protection law in India possess a privacy risk:

As per the reports stated in the IMF paper, there were 80 million Indian users were affected by the data breach incidents in 2021.

According to IMF, the absence of comprehensive data protection legislation is still missing in India where the privacy and the digital rights of users are at risk. 

Read more

Curated by: Prajwala D Dinesh, Ritwik Tiwari, Ayush Sahay

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