2023 saw cybersecurity and privacy law arrive at a crossroads, especially with regard to the regulatory landscape.
This is the time of year when it is traditional to look back at the past year and extrapolate forward to make predictions for the year ahead. In the areas of data privacy law and regulation and cybersecurity law and regulation, the focus seems to be on low-hanging fruit.
In the area of cybersecurity, we see the rise of the machines-more specifically, the rise of AI-based threats, as well as the rise of AI-based defenses against those threats-and yet, the steady drumbeat of data breaches-most recently from a series of healthcare companies-continue to dominate the news.
2023 has been a pivotal year for both cybersecurity and privacy law, witnessing a dynamic interplay of evolving threats, innovative solutions and a flurry of regulatory activity.
From landmark data privacy laws emerging in the U.S. to global efforts to combat cybercrime, the legal landscape has undergone a significant transformation, impacting organizations and individuals alike.
2023 saw a marked increase in the adoption of data breach notification laws and comprehensive data privacy laws - some modeled after the EU's GDRP laws.
These laws mandate organizations inform individuals and relevant authorities in a timely manner when their personal data is compromised.
The California Privacy Rights Act: The CPRA, which went into effect in July 2023, expanded upon the existing California Consumer Privacy Act by introducing stricter notification requirements for data breaches.
This set a precedent for stricter data breach notification standards across the U.S. The law also gives consumers a right to know what data is being collected and how it is being used and shared and to see some of their own personal information.
EU Cybersecurity Act: The EU Cybersecurity Act, adopted in 2023, also strengthened data breach notification requirements for entities operating within the European Union.
This requirement provided CISA with valuable data to analyze and respond to cyber incidents more effectively.
Colorado Privacy Act: The law took effect in July 2023, and granted Colorado residents similar data rights as their Californian counterparts under the CPRA. This marked a significant expansion of data privacy protections beyond California.
Virginia Consumer Data Protection Act: Coming into effect in January 2023, the VCDPA established data privacy rights for Virginia residents, including access, deletion, and correction rights, as well as limitations on data collection and use.
Privacy: The order recognizes the privacy concerns associated with AI, particularly data collection and use.
It directs agencies to prioritize data privacy while utilizing AI, including exploring privacy-enhancing technologies like differential privacy.
CPRA & CPA: Both California and Colorado data privacy laws emphasize data minimization principles, encouraging organizations to collect and retain only the data necessary to perform functions.
Cybersecurity Framework: The U.S. NIST Cybersecurity Framework gained traction internationally, offering standardized cybersecurity best practices that countries can adapt and localize.
Biometric Data Privacy Concerns: The increasing use of biometric technologies like facial recognition for authentication and surveillance raises concerns about individual privacy and potential misuse.
Expect to see regulations and frameworks emerging to address these concerns and establish responsible biometric data practices.
Navigating the complex interplay of cybersecurity and privacy laws requires a delicate balance between security, individual rights and innovation.
This Cyber News was published on securityboulevard.com. Publication date: Tue, 09 Jan 2024 15:43:04 +0000