Jersey, Channel Islands October 31 , 2024 – Data Commissioner Immaculate Kassait, MBS, participated in a plenary session on the regional challenges of disruptive technologies at the Global Privacy Assembly in Jersey, Channel Islands (Oct 28 – Nov 1, 2024), themed ‘The Power of AI’. The session explored the social, economic, and industrial impacts of emerging technologies in different regions.
In her remarks, she highlighted some of the regulatory challenges faced by regulators in light of the emerging tech, including gaps in regulating emerging technologies, enforcement challenges, and the lack of global consensus on cross-border data transfer approaches.
“Each disruptive technology presents new challenges to data protection, particularly in defining personal data and managing cross-border transfers. These technologies are ubiquitous and reshape how societies prioritise and allocate their resources to match the vastly evolving techniques they deploy,” she stated in part.
The Data Commissioner emphasized the need for consistency in approaches to cross-border data transfer, such as adequacy decisions, binding rules, model contracts, and consent. To mitigate privacy and data security risks, especially in regions with less developed tech infrastructure, she suggested “developing, reviewing and amending their data protection laws to establish single independent national data protection authorities. -Strengthening enforcement powers which can be done by broadening enforcement powers, and increasing the size and range of fines and sanctions in data protection.”
During the event, the Data Commissioner also participated in a plenary session on “How do Indigenous communities develop their own Data Protection frameworks?”
She emphasized key potential privacy harms from an intercultural and Indigenous perspective, including unauthorized data collection, which denies communities the chance to make informed decisions about sharing their data; misrepresentation and misuse of data, leading to cultural insensitivity; and the commercial exploitation of Indigenous genetic data without recognition or benefit to the communities.
“When data is controlled by third parties, communities lose autonomy over how their information is used and shared, resulting in exclusion from decision-making processes that affect their lives. Historical and ongoing data exploitation fosters deep mistrust of external entities, hindering future collaboration and data-sharing opportunities. Misuse of data can have long-term negative impacts on the social, economic, and cultural well-being of future generations,”she said.
She encouraged the development of national, regional, and continental policies, strategies, standards, and guidelines in deploying digital governance services and establishing technical standards for identity verification.
“Developing a data protection framework is a dynamic process that requires collaboration among governments, businesses, and communities. By prioritizing privacy, fostering trust, and supporting innovation, we can create a robust framework to safeguard personal information in the digital age. Let us work together to ensure data protection is a fundamental right for all,” she pointed out.
Additionally, the Data Commissioner participated in a session on common standards for Data Protection in Humanitarian Action which focused on the launch of handbook and training program for Data Protection Officers in collaboration with the International Committee of the Red Cross.
She highlighted the ODPC’s partnership with ICRC to enhance knowledge sharing and capacity building of DPO’s in the humanitarian sector to enhance compliance.