“There is nothing permanent except change”
A pretty apt summary of the world today, despite having been written around 2,500 years ago.
It also encapsulates the shifting demands of regulation in an area that affects all of our daily lives – data protection.
Emma Martins comes to the end of her term as Data Protection Commissioner shortly and Richard Field, partner at Appleby’s had the honour of interviewing her at our Chamber lunch. They talked about a range of issues, but a couple of important themes ran throughout: the human impact of the misuse of data and the importance of championing our rights.
The gradual erosion of rights is easy to miss, whether it be a lack of choice as to what happens to our data, the opaque monitoring of our behaviour, or algorithms that pre-determine the information we should see. At times, the pace of technological change seems overwhelming, and education and regulation take time to embed. However, Emma made the point that it is up to all of us to exercise our rights and make choices in an informed way. Consumer pressure can bring about change, as can legal challenges. Building a reputation in the digital marketplace based on trust is crucial to differentiate from the competition, but also has wider societal benefits.
Emma’s initial speech at the launch of the ODPA in 2018 exhorted us to “never stop being shocked” about data breaches or cyber incidents.
Whilst there is an element of “breach fatigue” as a consequence of the frequency of such incidents and the publicity they generate, we should not lose sight of the fact that there are individuals affected by these incidents – next time it might be us. Education is at the heart of not only mitigating such risks, but also ensuring the next generations are equipped for the future. The ODPA’s Project Bijou and Warro initiatives highlight the importance of talking about data protection and engaging young people so that they do critically evaluate their (digital) environment.
AI continues to dominate the news, and there is no doubt it can bring profound benefits to our society, but there are also many risks.
The importance of putting proper guardrails in place has been recognised and it is heartening to see a growing movement focused on responsible AI, both in terms of its development and deployment. Those who, like Emma, have been charged with holding businesses to account, are facing significant, fascinating challenges, but getting the message out there and continuing the conversations has to be the foundation for achieving that goal.
Emma leaves her post with our thanks, having delivered that message, built those foundations and established clear standards, all things that will stand us in good stead. It is now for us to maintain and develop that legacy.”
Thanks to Appleby’s Richard Field for the event review.
