Australia: Privacy in 2019: Who is in your privacy team?

Last Updated: 14 October 2019
Article by Lyn Nicholson and Georgia Milne
Most Read Contributor in Australia, October 2019

The latest annual Privacy Governance Report from EY and the International Association of Privacy Professionals (IAPP) was released on 24 September 2019.

In the second of our series on the report, we look at the global trends and changing face of privacy management within organisations, and the long-running question of where privacy should, and does, fit within the executive management team.

Where does privacy sit?

Ever since the introduction of the General Data Protection Regulation (GDPR) and the rapid rise of the Data Protection Officer (DPO), organisations have struggled to find a natural home for this function. While the GDPR mandates that the DPO report directly to the highest management level of an organisation, this doesn't necessarily mean they occupy a spot in the C-Suite. While 72 per cent of respondents confirmed their organisation had at least one DPO, the report identified a number of different approaches, with business variously categorising privacy as an issue for:

  • legal and compliance
  • risk; or
  • technology and security.s in your privacy team?

Regardless of where they sit within these streams, 62 per cent of DPO's are the designated "privacy leader" within their organisation (more common in smaller organisations with tighter budgets and less sophisticated privacy programs).

Where does privacy sit in your organisation? What are the reporting lines?

The report confirms that "Legal" remains the dominant and preferred realm for privacy, with 31 per cent of privacy leaders also occupying the role of chief privacy counsel, and a notable increase of the number of lawyers participating in the report survey.

Reporting lines vary, from General Counsel (25 per cent), Chief Executive Officers (23 per cent), Chief Compliance Officers (22 per cent), Directors (21 per cent) and others. While the privacy and Chief Information Security Officer roles are generally treated as equivalents within the executive management tree, 51 per cent of privacy leaders still sit below the Chief Technology Officer. Very few privacy leaders occupy the role of Chief Information Security Officer or Chief Technology Officer, only 10 per cent and 4 per cent respectively, and they tend not to report to them.

Privacy leaders were found to be more likely to report to the Board where the organisation had revenue below of US$100 million, was headquartered in the EU or had less than 5,000 employees. This reaffirms the trend within smaller organisations to consolidate privacy roles within existing C-Suite or C-Suite functions rather than carving out additional and discrete privacy roles.

The report numbers suggest privacy and information security are considered more compatible and with more overlap than the privacy and technology functions. Regardless, the well-established security and technology functions continue to receive greater weight and emphasis at a management level than privacy.

How is GDPR influencing responsibilities and priorities?

There also continues to be a division of approach between the US and the EU, with US-based privacy practitioners more likely to have multiple and varied privacy responsibilities, including vendor management and ethical data practices, while the EU emphasis remains squarely focussed on GDPR compliance. This is consistent with the statistics, which indicate 62 per cent of EU DPO's are their organisations' chief privacy leader, while in the US only 43 per cent occupy this top position, with 31 per cent of privacy leaders sitting above the DPO role. Naturally, EU Boards appear to be more concerned with privacy compliance and their Boards are more likely to have direct oversight of the issue (35 per cent compared to only 10 per cent in the States). Compliance with law is the dominant priority for 88 per cent of EU privacy leaders, compared to 57 per cent in the US. Of course, this may change with the commencement of the California Consumer Privacy Act.

Specialised privacy risks

The report indicates that privacy professionals within organisations are yet to target emerging technologies, such as artificial intelligence and machine learning, as bespoke risk areas. Only 6 per cent have developed targeted guidelines, and 36 per cent did not consider it a unique risk factor. Possibly, this reflects the continued division and lack of overlap between the privacy and technology functions within organisations.

Key takeaways

As it stands, privacy continues to be viewed as a predominately legal issue, particularly in the EU. While its importance and visibility at the C-Suite level is improving, organisations should exercise care not to conflate privacy with security, or to view it as a purely compliance-based exercise.

It is important to recognise the inevitable overlap between the privacy, security and technology realms. The difficulty that arises where privacy is pigeonholed as a strictly legal or compliance issue, is that it becomes part of a compliance box ticking exercise, rather than being built into product development and customer engagement process from the start. In doing so, you lose the opportunity to develop a pro-privacy culture across your business streams, and the opportunity to create greater efficiencies and opportunities further down the product development and customer service lines.

Whichever business unit you choose to locate your privacy functions in, ensure it is not isolated.

Read our previous instalment on privacy spend and budget here.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions