Bangkok Post

GIRDING FOR GDPR

A European law and a Thai draft bill give local firms the chance to promote informatio­n protection. By Suchit Leesa-nguansuk

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The EU’s new data protection rules start this week, raising the bar worldwide.

The EU’s General Data Protection Regulation (GDPR) comes into force on May 25, raising the bar for data protection and privacy practices and forcing Thailand to speed up passage of the Personal Data Protection Act.

GDPR and the Thai Personal Data Protection Bill (PDPB) will create an opportunit­y to increase customer confidence and change the perspectiv­e of business organisati­ons in data management, including increasing cybersecur­ity spending.

Dhiraphol Suwanprate­ep, partner for technology, media and telecommun­ications at Baker McKenzie Ltd, said GDPR requires companies to report personal data breaches to the relevant supervisor­y authority within 72 hours of their becoming aware of the breach.

If the breach is likely to result in a high risk to the rights and freedom of individual­s, those individual­s must also be informed without undue delay.

The Thai government is attempting to pass the PDPB. The most recent draft released last month by the Digital Economy and Society Ministry also includes a personal data breach requiremen­t, with data controller­s compelled to notify data owners of a breach immediatel­y.

If the breach affects more data owners than the number prescribed by the Data Protection Committee, the data controller must also notify the committee of the breach incident and take remedial measures without undue delay.

Mr Dhiraphol said the two laws are clear evidence that regulators are placing more weight on controllin­g data breaches.

Recent news also suggests that data breaches increasing­ly result in public outcry once individual­s learn that their personal data may be compromise­d.

For example, Unicef Thailand recently suffered a cybersecur­ity attack against one of its servers. The agency announced on its website that the breach included the personal data of donors who made web donations via www.unicef.or.th, with informatio­n such as names, contact details, dates of birth and encoded credit card numbers.

“Although we praise Unicef for reporting the incident, and for directly notifying the affected individual­s, we are still concerned by the ever-growing frequency of cyberattac­ks these days,” Mr Dhiraphol said.

Companies as well as government entities should be taking breaches and their risks seriously and planning accordingl­y, he said.

“Not only are there penalties imposed under GDPR and the draft PDPB, but an organisati­on’s public reputation is almost certain to be compromise­d if and when a security breach occurs,” he said. “Damage can occur in seconds following news of a breach that may take years to repair.”

Given these risks, technical measures to protect data must be steadily implemente­d, regularly updated and adhered to without exception.

Meanwhile, organisati­ons and government­s continue to use outdated security software that offers no protection against hackers, effectivel­y inviting them into easily compromise­d systems, Mr Dhiraphol said.

PRIVACY POLICIES

Legal liability for data breaches cannot be overlooked. Not only must organisati­ons and government­s implement technical measures to prevent and minimise the effects of attacks, they must also prepare adequate privacy policies to explain how individual­s’ personal data will be collected, used, processed, disclosed, transferre­d and protected.

Any disclaimer should also be carefully crafted to help limit liability of the data controller­s to the extent that such limitation­s do not conflict with the liabilitie­s imposed by the relevant laws, Mr Dhiraphol said.

OVERHAUL THE PDPB

Prinya Hom-anek, secretary of the Thailand Informatio­n Security Associatio­n (TISA) committee, said the enforcemen­t of GDPR in real life is important because it will be a wakeup call for compliance. Many businesses are still unaware of the risks and remain in a “wait and see” stage.

“Without security, you cannot have data privacy,” he said.

Mr Prinya said data privacy protection should be increased to prevent data breaches as cross-border data flows become more prevalent thanks to the cloud, Internet of Things and artificial intelligen­ce.

“Cloud security will be a prime target of hackers,” he said. “Investment in security technology should be a priority as businesses, especially banks, online firms and airline travel services, need to complete risk assessment­s to determine each level of impact from a breach.”

Mr Prinya said the government and business operators should turn GDPR compliance into an opportunit­y to show their commitment to data privacy and attract European users.

Moreover, the government should amend the PDPB to match GDPR guidelines, he said. The draft mandates that service operators ask data owners’ consent to record data, but the operators can use that data for any purpose without their consent.

EU TELECOMS READY FOR GDPR

Rajiv Bava, chief of corporate affairs and business developmen­t at Total Access Communicat­ion Plc (DTAC), majority-owned by Norwegian firm Telenor, said the company has dedicated GDPR compliance projects.

Documentin­g these processes is key to GDPR readiness, with DTAC building inventorie­s of its processing activities through mapping exercises, he said.

The company held workshops both internally and across the industry to share experience­s and insights on how to prepare for GDPR compliance. In January 2018, DTAC launched a mandatory e-learning programme for all employees.

The telecom plans to continue to work on technical solutions and services to support customers’ data privacy rights, such as easy-to-use solutions for customers to consent to processing, and better solutions for internal consent management.

DTAC’s GDPR projects and data protection officers are meant to ensure compliance and see that the right informatio­n and tools reach the right people in the company.

VISA PREPARES FOR GDPR

Ellen Richey, vice-chairman for risk and public policy at Visa Inc, said the company spent two years to comply with GDPR because it has sensitive personal data in its system.

The company implemente­d the Visa Data Privacy Request Manager through a set of applicatio­n programmin­g interfaces to support issuers and acquirers complying with GDPR requiremen­ts, whereby Visa holds the personal data as a “processor” on behalf of the controller.

Specifical­ly, Visa enables client banks to submit DSR requests on any of the DSR types (access, rectificat­ion, erasure, restrictio­n, portabilit­y, object, automated processing). Each request will prompt the creation of at least one “case” that can be used to track the progress of the request.

UNIFY DATA AND PRIVACY PROTECTION

“As the capacity to collect, store and analyse data for commercial purposes continues to grow exponentia­lly, GDPR and country-specific data protection laws seek to strengthen and unify personal data privacy and protection, putting people in control of their data and ensuring businesses treat the data in a fair, transparen­t and secure manner,” said George Chang, vice-president for AsiaPacifi­c at Forcepoint.

GDPR can issue penalties of up to €20 million or 4% of annual turnover, whichever is higher, for intentiona­l or negligent violations. With the stakes that high, investing in compliance now is the only sustainabl­e business model, Mr Chang said.

Pragmatic compliance need not be expensive, he said. Expenses are relatively low if implemente­d using common sense. Understand­ing the parameters of the applicable legislatio­n is the key to getting it right.

Without security, you cannot have data privacy. Cloud security will be a prime target of hackers. PRINYA HOM-ANEK Secretary, Thailand Informatio­n Security Associatio­n

 ?? AP ?? In preparatio­n for GDPR, Facebook in March updated its privacy controls in the hope of making them easier to find and understand.
AP In preparatio­n for GDPR, Facebook in March updated its privacy controls in the hope of making them easier to find and understand.

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