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Technical controls that protect data when in use and prevent misuse
Journal of Data Protection & Privacy,
5
(3),
281-296
(2023)
Abstract
Global data processing flowing across geographic borders and increasing risks of external data breach and misuse beyond lawful purposes requires careful evaluation of technical controls that prevent privacy violations before they occur. This paper details the specific requirements for, and certain benefits from, implementing technical controls satisfying the heightened requirements for statutory pseudonymisation as defined in the General Data Protection Regulation (GDPR) in the context of (i) surveillance-proof processing, (ii) lawfulness of processing, (iii) more secure processing and (iv) data supply chain defensibility. The interconnectedness of these issues is presented within the confluence of conflicting interests among four different groups: governments, courts, enforcement agencies and non-governmental organisations (NGOs).
Keywords: pseudonymisation; international data transfer; cloud; data breach; analytics; artificial intelligence (AI); machine learning (ML)
The full article is available to subscribers to the journal.
Author's Biography
Magali (Maggie) Feys is founder of AContrario.Law, a boutique law firm based in Belgium, specialising in IP, IT, data protection and cybersecurity. In addition, Magali acts as a legal advisor to the Belgian Ministry of Health where she advises on privacy matters (such as e-health network, COVID-19 contact tracing and digital EU-COVID-certificate and the Covid Safe Ticket) and is a member of the legal working party e-Health of the Belgian Minister for Public Healthcare. Maggie also represents Anonos (www.anonos.com) as chief strategist of ethical data use.
Joseph W. Swanson Swanson chairs the cybersecurity and privacy practice at Carlton Fields, a full-service law firm with offices throughout the United States. Joe counsels clients on privacy compliance matters, breach investigation and response, and related litigation. Prior to joining Carlton Fields, Joe served as a federal cyber-prosecutor.
Patricia M. Carreiro (CIPP/US, CIPM) is a privacy and cybersecurity attorney at Carlton Fields and co-chair of the International Association of Privacy Professional's South Florida chapter. She counsels clients of all sizes on privacy and cybersecurity compliance with an emphasis on retail and highly regulated industries.
Gary Lafever is Co-CEO and General Counsel at Anonos, Global Innovator at the World Economic Forum, former partner at the law firm Hogan Lovells, and former Management Information Consultant at Accenture. Gary's 35+ years of technical and legal expertise enables him to approach data protection and utility issues from both perspectives. He is a co-inventor of 35+ granted patents and 80+ additional patent assets internationally.
