Adapting to change: Influence of DPDP and other regulations on personal data handling

In the dynamic landscape of personal data protection, recent regulatory shifts, notably the implementation of the Digital Personal Data Protection Act (DPDP) of 2023, have significantly reshaped the way organizations handle personal data. The DPDP Act underscores the importance of explicit and informed consent during data collection, triggering a noticeable transformation in organizational practices. Outdated data handling methods have become increasingly complex, necessitating a reassessment of data recovery procedures and the establishment of robust cyber-resilient frameworks. Organizations are compelled to reevaluate the nature and scope of data collected, enhancing storage and security measures based on user permission preferences. This paradigm shift towards prioritizing privacy safeguards has prompted organizations to adopt a leaner and more focused approach to personal data handling, reflecting a commitment to compliance with evolving regulations and safeguarding individual privacy in this new era of digital governance. Balaji Rao, Area Vice President, India & SAARC, Commvault speaks more about Data Protection in an interview with Dataquest on the occasion of Data Privacy Day.

DQ: How have recent regulations, such as DPDP (Digital Personal Data Protection Act, 2023) and others, influenced the way organizations handle personal data?

Balaji Rao: The Digital Personal Data Protection Act of 2023 is a linchpin in personal data regulation. The Act emphasizes obtaining explicit and informed consent while gathering personal data in this new landscape. As such, organizations have noticed a noticeable change in dealing with personal data after its implementation. 

With outdated data practices, solving data recovery issues and ensuring a cyber-resilient framework becomes very complex. The DPDP Act exerts a transformative influence on organizations, prompting them to reevaluate the nature and scope of data collected, enhancing data storage and security measures based on user permission preferences. The infusion of privacy safeguards allows organizations to embrace a leaner and more focused approach towards data handling.

DQ: What are some key challenges organizations face in complying with these data protection regulations, and how have they adapted their cybersecurity strategies to meet these requirements?

Balaji Rao: The DPDP Act encourages a privacy-conscious digital ecosystem, challenging companies to review their current working methods and invest in new processes to adhere to the evolving regulations. Small and medium-sized businesses and startups may find it challenging to comply with the new regulations. While corporates have established protocols, they are bound to experience increased operational costs due to local data storage regulations, even though the new data protection law allows for more straightforward cross-border data transfer and processing. 

Additionally, technology is developing much faster than the regulatory landscape. New-age technologies like Gen AI pose the challenge of dealing with plagiarism, data bias, deep fakes, etc. Given the extensive range of technology and the maturity of the regulatory landscape, it will be complex for enterprises to track through the data regulations and ensure that business processes remain resilient. Limited awareness among individuals about their data rights could be another challenge to implementing data hygiene practices. 

DQ: How do data protection regulations affect the development and implementation of cybersecurity technologies and practices within organizations?

Balaji Rao: DPDP Bill has prompted organizations to assess and tailor their cybersecurity strategies to data processing activities and risk exposures. With a tightened regulatory framework, organizations that process significant amounts of data are now seeking holistic ways to improve their cybersecurity defense and prevent serious business consequences.  The DPDP Bill has also ushered in a sense of emergency to invest more in the right strategies and frameworks.

DQ: How does a CISO contribute to an organization's overall risk management strategy?

Risk management is at the heart of safeguarding an organization's assets against cyber threats and security breaches. The CISO identifies potential threats and vulnerabilities, evaluating their likelihood and impact on sensitive data, IT systems, and infrastructure. Subsequently, a comprehensive risk mitigation strategy is formulated. During a security breach, the prime objective of a CISO is determined

by how soon a company can bounce back in the event of a cyberattack and restore mission-critical systems with minimum downtime. They define the breach's scope, assess its impact, and initiate containment measures promptly, minimizing damage and ensuring a coordinated recovery.

With thorough analysis, a CISO also plays a vital role in identifying the correct proactive and preventative controls that can create a stronger foundation for an organization's cybersecurity program. To ensure efficient risk management, CISOs should implement cutting-edge technologies and solutions.

Commvault takes the lead in this realm, providing advanced capabilities that redefine risk management and empower organizations to be cyber-resilient. Commvault can detect threats in as little as five minutes versus the industry average of 24 hours. Our Threat Scan offering provides proactive threat detection to ensure the integrity, security, and recoverability of backup data. Additionally, Commvault Cloud Command steps in as a user-friendly, all-encompassing interface, delivering real-time insights, unified dashboards, and actionable intelligence. It's a game-changer in swiftly and effectively addressing threats hybrid enterprises face. 

DQ: How does the CISO role align with compliance and regulatory requirements in various industries? 

Balaji Rao: To track and maintain a firm's security posture, train staff, and act on legislative shifts, a CISO plays a pivotal role in effectively understanding and implementing regulations and compliance requirements. They must establish a robust compliance framework tailored to their organization's needs. Compliance obligations must be met proactively and systematically to maintain transparency in data handling practices and user rights communication.

Regulatory environments are constantly evolving due to the frequent introduction and policy changes. With the introduction of the new Data Protection Bill, the CISOs in India across different industries need to meet the compliance framework, conduct regular risk assessments, and implement privacy measures while meeting regulatory obligations.