Introduction: 

With the rapid development of advanced technologies, the generation of data in the digital world is skyrocketing. According to an https://financesonline.com/how-much-data-is-created-every-day/research conducted in 2016 around 1.7MB of data is created every second per person in the world and 2.5 quintillion bytes of data were created every day. Data protection, in an increasingly digital age, has become a paramount concern for individuals, organizations, and governments alike, as it encompasses the essential principles and practices aimed at preserving the confidentiality, integrity, and availability of sensitive information in a world where data is the lifeblood of modern society.

With this uncontrolled development, the threat of data is inevitable. According to IBM’s cost of data breach report 2023, the global average cost of data breach in 2023 was $ 4.45 million. Another report published by IBM security today titled “Cost of Data breach Report” average cost of a data breach in India is approximately INR 179 million in 2023. This cost estimate shows a 28% increase compared to 2020.

Apart from monetary damages, the reputation of companies experiencing data breaches is also at serious risk. To clearly understand the seriousness of the situation it is inherent to have a clear comprehension of data protection. 

Definition of Data Protection:

To understand the definition of data protection it is important to apprehend the definitions of data privacy and data security. 

The term data privacy refers to the process of ensuring proper use of personal data collected from the data subjects and vesting the control of the personal data with the data subjects themselves. 

The term data security refers to the process of preserving the data against unauthorized access, destruction or use by employing appropriate security, technical and organizational measures. 

So, the term data protection collectively includes the mechanism that enforces procedures and regulations to preserve data privacy and data security. 

Importance of data protection: 

According to UNCTAD, around 71% of countries in the world have existing data protection legislation and approximately 9 % of countries have a draft data protection legislation in place. It is practically impossible for any entity to escape from the compliance requirements of data privacy legislation. In case of violations or non-compliance the entities are being slapped with huge amounts of monetary penalty. 

According to article 83 of GDPR, the less severe infringements could result in an administrative penalty of up to 10 million euros or 2 % of annual worldwide revenue of the preceding financial year or whichever is higher.  

Serious infringements of GDPR could result in an administrative penalty of up to 20 million euros or 4 % of the annual worldwide revenue of the preceding financial year or whichever is higher.  In the case of India, the DPDP Act 2023 prescribes a maximum penalty of up to INR 250 crores. 

Even if a company is financially capable of managing the penalty levied the time and other regulatory constraints in the aftermath of a data protection violation are highly complex. For instance, giant tech companies including Meta, google are being forced to change their modus operandi of targeting their customers. Meta was being forced to change their legal basis of processing based on Schrems 1 and 2 judgement. Recently in July 2023, the Norwegian data protection authority banned behavioral advertising on Facebook and Instagram.

In addition, compliance with data protection regulations automatically depicts the presence of a strong cyber security framework in an organization. With proper implementation of a privacy program, the key cyber security compliance requirements like encryption, two-factor authentication and mandatory erasure or pseudonymization will strengthen the cyber security infrastructure in a company. This culture of a multi-dimensional approach will protect the organization from unwanted ransomware attacks, data breaches etc. 

Importance of a Data Protection Officer: 

The role of DPO is paramount in the implementation of data protection compliance. According to Article 37 of GDPR, every entity that systematically monitors their data subjects on a large scale or processes special categories of personal data on a large scale is obliged to appoint a data protection officer. 

According to Article 39 of GDPR, the task of the DPO includes: 

Advising controller, processor and employees about their data protection obligations

Manage and monitor the policies related to data protection and compliance with relevant provisions

Cooperate with relevant authorities and act as a primary point of contact for the supervisory authority. 

Evaluate the risk associated with processing activities carried out by an organization. 

Even section 10 of DPDPA 2023 has mandated certain obligations for a DPO including conducting a Data protection impact assessment and data audit etc. 

Apart from the above responsibilities a DPO shall be experienced in handling data breaches data subject requests etc. 

If a person is aspiring to become a DPO or planning to switch to privacy, then getting industrially accredited certifications is mandatory. 

For instance, Tsaaro Academy offers reputed training and certifications in data protection and cyber security. They are: 

C – DPO (India) certification: 

C-DPO (India) certification offered by Tsaaro Academy will allow you to dive deep into the complexities of Indian data protection law. The course modules are drafted by industry experts to teach the learners with day to day-to-day responsibilities of a data protection specialist. 

The practical exercises which are offered in this course are: 

• Conducting a vendor risk assessment and classifying the vendors in low, medium and high risk based on the attributes given 
• Drafting scenario-based Privacy Notices
• Analyzing the Processing Activities by matching them with proper Lawful grounds.
• Conducting a DPIA based on processing activity shared
• Drafting a Data Principal Rights Management Manual and Management Workflow and Data Breach Management workflow in case of a Data breach
• Drafting Internal Data Protection Policy and Data Retention Policy

C – DPO (Practitioner) certification: 

This certification intends to cater for privacy professionals with prior expertise in the Data Protection sector.

The training modules of this certification have been structured to deliver an in-depth comprehension of the challenges and obligations that Data Protection officers encounter daily. The sessions of this certification are quite advanced and complex and encompass a strong combination of practical and theoretical data protection disciplines including: 

• Data Discovery 
• Privacy information management system
• Data Retention Management 
• Data subject rights Management
• Data Breach Response and Management 
• Product Privacy by Design Assessment etc.

How Tsaaro Academy will assist you? 

According to Micheal’s page salary guide 2023, there is a huge demand for legal professionals proficient in data protection, ethics and compliance. This is the right time to move towards a rewarding privacy career. 

If you are interested in pursuing a career in privacy or you are planning to switch over to privacy, then choosing Tsaaro Academy is the best way to move forward.  

Tsaaro Academy‘s instructors have stemmed industry experts with practical expertise in the domains of privacy, information security, and data protection, facilitating students to obtain hands-on and in-depth training in data protection and cyber security, giving them a competitive advantage over an array of fellow privacy professionals who are seeking privacy roles.

Tsaaro Academy offers various industry-accredited certifications and training including  C- DPO Practitioner, C – DPO (India ), CISM, and ISO 27001 lead auditor.  If you are interested in the courses offered by Tsaaro Academy, visit our website and take your first step towards upskilling your privacy technologist career.