I’m thrilled to interview K Royal, Senior Director, Western Region, Privacy, at TrustArc. K has had a long career in privacy law, having served as privacy counsel for several companies. She’s also an adjunct professor at Arizona State University.
Prof Solove: What is the need for a multi-jurisdictional approach to privacy laws?
K Royal: With the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other laws such as the Brazilian General Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”), businesses must be prepared to comply with a variety of laws around the world.
Privacy is a complex, multi-level, comprehensive concept which is now being regulated in more than 130 countries with more than 500 privacy laws. To be successful in complying with so many laws, businesses must develop a multi-jurisdictional approach to privacy laws that is consistent and predictable yet also not one-size-fits-all.
Prof Solove: Can a company just set one high bar and just treat all personal data the same?
The International Privacy+Security Forum is an annual sister event to the Privacy+Security Forum, an annual event held in October at George Washington University in Washington, DC. The Int’l Forum event focuses on privacy and security laws from around the world. The main feature of Forum events is that we have deep-dive sessions on topics. We attract highly seasoned professionals, and we encourage highly interactive sessions.
Organizations are racing to get ready for the GDPR implementation date of May 25, 2018. Complete GDPR compliance in a few months is likely not feasible for many organizations, but this shouldn’t mean that these organizations should give up. Making a good-faith effort and continuing to strive to improve are quite worthwhile.
The GDPR Article 17 provides for a right to erasure — commonly known as the “right to be forgotten.” Data subjects may request that an organization erase their personal data “without undue delay” under a number of circumstances. These circumstances include when the data is no longer relevant to the purposes of collection, when consent is withdrawn and there is no other legal ground for processing, or when the data has been unlawfully processed, among other things.
I turned my short GDPR vignette about GDPR’s territorial scope into a cartoon. The GDPR applies not just to all EU organizations that process personal data. The GDPR also applies to non-EU established organizations that offer goods and services to EU citizens or that monitor behavior within the EU.
The GDPR thus has quite a long arm in its reach. Any organization, even those with no physical presence in the EU, can fall under the scope of the GDPR.