data protection authorities

What are data protection authorities (DPAs)?

Data protection authorities (DPAs) are public authorities responsible for enforcing data protection laws and regulations within a specific jurisdiction.

Data protection keeps user information safe and secure from unauthorized use and access. Various jurisdictions around the world have enacted data privacy regulations that provide a legal framework that requires organizations to be compliant with specific guidelines for protecting data.

One of the data protection regulations existing globally is the European Union's (EU's) General Data Protection Regulation (GDPR), which the DPAs oversee and enforce specific provisions across member states. Each EU member state has its own DPA, which provides advice on data protection issues and is responsible for ensuring compliance with the GDPR. The DPAs within the EU have the legal power to handle data protection-related complaints. The DPAs are vested with investigative and corrective powers to ensure data protection compliance.

In the event of noncompliance, a DPA can potentially take legal action against an organization, such as imposing a fine. Under the GDRP, a fine for noncompliance can be significant, totaling up to 4% of a company's global annual revenue.

DPAs also maintain records of data processing and data protection-related violations, and the DPAs also advise national lawmakers about data protection.

What is the role of a DPA?

The role of a DPA includes a range of responsibilities related to data protection laws. Some of their primary functions include the following:

• Enforce and supervise data protection laws. DPAs are legal entities that supervise the application of data protection laws in each jurisdiction. In the EU, DPAs are responsible for handling complaints against violations of the GDPR and relevant national laws. This includes investigating potential breaches, issuing warnings, imposing bans on data processing and ordering the restriction or erasure of data.
• Guide and advise sectors on data protection. DPAs provide expert advice on data protection issues to both the public and private sectors. They offer guidance to organizations on how to comply with data protection laws and help individuals understand their rights regarding personal data.
• Authorization and advisory powers. In the EU, DPAs have the authority to authorize high-risk data processing activities that are restricted by national law. They also assist data controllers with Data Protection Impact Assessments (DPIAs).
• Promote public awareness. DPAs promote data protection rights and obligations to the public. DPAs conduct educational campaigns and publish materials to inform individuals and organizations about how to protect personal data and comply with legal requirements.
• Manage data breach notifications. DPAs are typically responsible for managing data breach notifications from organizations. They assess the severity of breaches, determine the necessary response and impose penalties on organizations that fail to comply with notification requirements.
• Take legal action. DPAs have the power to take legal action against entities that violate data protection laws. This includes the ability to impose substantial fines for noncompliance.
• Cooperate with other international agencies. DPAs cooperate with other DPAs within the EU and around the world to share information and conduct joint investigations.

How to become DPA-compliant

To become compliant with the DPA, organizations must adhere to the guidelines and regulations that DPAs enforce. The EU's GDPR is a prime example of such regulations, but similar principles apply in other jurisdictions as well.

Following is a structured approach to achieving DPA compliance:

Understand applicable data protection laws

It's critical to research and thoroughly understand the specific data protection laws that apply to an organization's operations within a specific geographic or industry jurisdiction. This could include the GDPR for organizations operating in or dealing with individuals in the EU, or other local data protection laws.

Establish an accountability and governance framework

To be compliant, someone needs to be responsible, which is why there might be a need for a data protection officer. There also needs to be internal policies to enable and support compliance within the organization. These policies should cover data collection, processing, storage and sharing practices.

Map data flows

Conduct a data inventory and data flow audit to understand what personal data the organization collects, where it comes from, how it is processed and where it is stored. This will help identify potential risks to data privacy and security.

As part of this step, conducting a DPIA is important as it will identify and mitigate risks associated with data processing activities.

Implement data security measures

Be sure to implement appropriate technical and organizational measures to ensure data security. This step includes measures such as encryption, access controls and secure data storage.

Enable the rights of data subjects

With some regulations, like GDPR, it is essential to have processes that enable the rights of data subjects -- the individuals whose data has been collected. Under the GDPR, the rights to access, rectify, erase and restrict data processing are important.

Develop breach notification plans

Be prepared to notify the relevant DPA and affected individuals in case of a data breach within the time frame specified by the applicable regulations.

Document compliance efforts

Having complete documentation of data processing efforts is crucial for demonstrating compliance with DPAs.

Continuously monitor and review compliance

Compliance of any type should never just be a point-in-time exercise. Organizations should be diligent in conducting regular audits of data processing activities and compliance measures to ensure ongoing compliance with data protection regulations and requirements.

Authorities by groups of states

There are many different DPAs around the world.

In the EU, there is a centralized DPA known as the European Data Protection Supervisor (EDPS) as well as individual DPAs for member states. In the U.S., there isn't a singular federal law equivalent to the GDPR, but there are some federal guidelines and a growing number of state regulations.