Probably, you already use a large amount of data from Big Data and the Internet of Things (IoT) in your company. But, have you been using it taking into account Privacy and Data Protection, based on Digital Law?
The technological advance has brought a number of benefits, however, with it comes other problems. In order to protect your company and your customers, you must focus on digital security to avoid those problems.
In this summary, you will better understand what the legal system, Brazilian and global, establishes about security in the use of data. In addition to prominent cases involving data leakage, which made the corporate world even more cautious in the retention and storage of this valuable information.
Are you curious to learn more about this? Continue reading this summary to know how to avoid the pitfalls and benefit from technological resources safely.
"Big Data e IoT: Desafios da Privacidade e da Proteção de Dados no Direito Digital", in English would be "Big Data and IoT: Challenges of Privacy and Data Protection in Digital Law" is a work by author and lawyer Larissa Kakizaki de Alcantara, released in 2017. The book was independently published on Amazon.
The work has 86 pages, divided into 5 parts. Besides bringing quotes from experts and theorists on the subject, and several articles of Brazilian and foreign laws in the field of Digital Law.
The book is an adaptation of the author's graduate thesis, so it is well grounded. Thus, it provides a national and international view on Privacy and Data Protection.
Larissa Kakizaki de Alcantara is a lawyer, with a degree in Law from Faculdades Metropolitanas Unidas (FMU) and graduated in Digital Law and Compliance from Damásio Educacional.
The author is also the creator of the DDTecNow blog, where she shares materials related to Law and Technology. She also uses it as a channel to promote events or courses on the themes mentioned.
The content of "Big Data and IoT" is suitable for professionals in the field of Law, especially Digital Law; and people who work in the corporate environment and deal with data collected on the internet. However, it is also a very relevant read for people who would like to know their rights regarding the protection of data available online.
These are the main points addressed in the book by the author. Do you want to know more about them? Read on this summary!
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The author Larissa Alcantara begins the work with a short introduction to concepts, firstly talking about the definitions of Big Data and the Internet of Things (IoT). Then, she brings up the importance of these tools for today's business models.
Alcantara then addresses a direct relation of the use of data with Digital Law, and thus presents the relevance of the field to the corporate world, considering that it acts protecting the company itself and ensuring the privacy of customers.
Following, she cites the fact that many organizations engage in a practice that is not recommended: lack of transparency about the use of data. According to the author, it is a duty to ensure transparency and sincerity, resulting in mutual benefit for the company and its users/customers.
According to the writer, preserving the information collected is part of citizens' rights. In addition, she emphasizes that many users are unaware of the challenges and risks in providing their information.
Regarding the legal systems related to the internet, which according to Larissa has become an essential service, there is much discussion and doubts regarding Digital Law. Thus, the Brazilian judicial system has followed and/or adapted international "models" to fit this reality.
In this context, Larissa Alcantara presents the triad for success: Big Data; Internet of Things (IoT); and Privacy and Data Protection. A combination that can lead companies to take advantage of the databases it collects in a more secure and efficient manner.
Considering the collection of information that is done continuously, the lawyer quotes jurist Patrícia Peck Pinheiro. She states that there is an information life cycle, consisting of 7 stages:
The lawyer presents a very impactful info that was cited by Eric Schmidt, Google ' s executive chairman between 2011 and 2015: the fact that from the beginning of civilization until 2003, 5 exabytes of information were created, but that now, that same amount is generated every two days!
Therefore, it has become increasingly recurrent to hear about petabyte and exabyte (prefixes: Peta - 10 15; Exa - 10 18), as well as other even larger units. Thus, an "explosion" of data occurs every moment, generating frequent exposure to the phenomenon of Big Data.
The fact of having "Big Data" generates the immense challenge of it being correctly interpreted. Therefore, the writer affirms that the concept has been re-signified over time, and that there are currently 5 keywords (5 V's) that allow data to be filtered more efficiently:
Bearing in mind that all this analysis, in real time, aims to make the enterprise more agile than its competitors. Whereas digital information is a working part of any business issue.
According to the author, the technology being employed from cloud computing has the effect of reducing some costs and enables the arising of new types of businesses.
In this way, users have increasingly access to new ways of consuming and contracting services.
The writer states that everything that is done on the internet leaves a "digital trace", which is also known as "data". It is worth to point out that with this collection the profile of the persona is drawn, so the ads are made in a targeted manner, because they are in accordance with the tastes and interests of the people who receive them.
This type of advertising, which often appears to be intrusive, is based on a range of stored information. Such data is collected via cookies, which users frequently accept without having any idea of what they are allowing.
In this context, the information made available, according to Alcantara, contributes not only to marketing purposes, but also generates a risk of confidentiality violation. Thus, the digital track can expose people to dangerous illicit activities, of which they are often unaware.
The author then introduces the second concept that guides her work: the Internet of Things (IoT). She states that IoT is one of the driving forces behind today's immense volume of data, as this is due to the arising of smart products and wireless technologies.
In this way, not only the means of communication between humans have changed, but a new type of dialogue has emerged, the one between machines, known as M2M (Machine to Machine). This network is made of objects that have an IP address and interact with each other, without human integration.
New sectors are being transformed, and all are given the word "smart" to characterize this modernization. It is worth mentioning that the purpose of IoT with these changes is to bring improvements in life, so if managed properly it has the potential to transform the world.
However, it is important to emphasize the close connection between Big Data and IoT, as the latter would not exist without the former. Thus, in the midst of this technological evolution, vigilance regarding Data Protection and Privacy becomes essential.
The violation of privacy has been an increasingly discussed subject, however, the writer states that many are unaware that privacy is a Fundamental Right. As such, it is guaranteed in the Universal Declaration of Human Rights, in Brazil's Federal Constitution, and in the Brazilian Marco Civil da Internet.
A remarkable example, brought in the book, is what happened to Target, a company that discovered the pregnancy of a teenager and sent her discount coupons with products; revealing the pregnancy to the girl's father. This was made possible through the analysis of her browsing habits, along with collected information.
As much as this framework may incline to a simpler solution, such as no longer disclosing the data with the companies. It is necessary to understand that the organizations' revenue comes from the use of this information, and without this collection there is no way to remain in the market. Therefore, collecting data is vital.
Even so, there are other exposures that are harmful – not only to users, but also to companies – and that consist of crimes committed by electronic means. Due to this problem, the author focuses on the need to be aware of the legal ordinances of Digital Law.
Aiming to bring an alert regarding this danger, the work cites a world-famous case in which data leakage occurred in 2013. When the then Brazilian president, Dilma Rousseff, had her data accessed by the US National Security Agency (NSA), proving that no one is really safe.
Amidst this scenario, the lawyer states that there are different regulators concerning data protection and that there are great debates as to how personal data can be treated. Consequently, to the inviolability and confidentiality of communications.
In order to prove and exemplify her affirmations, Larissa Alcantara lists famous cases in which data leaks occurred, among them:
Considering all these cases and their dire consequences, the establishment of preventive controls is crucial. Among the solutions found by large companies, such as Google, is the application of repetitive simulations in order to detect vulnerabilities in their own security.
Therefore, it is necessary to implement preventive measures, and when necessary, corrective ones. But for this to be done effectively, it is essential to be protected by the Law, so companies must be aware of the legal guidelines.
In Brazilian lands, the subject has been constantly brought up, considering the existing Laws and the "molds" on which they were based. In support of this, the author states that there are more than 100 countries with legislation regarding data privacy.
Thus, she ends the book by comparing the Brazilian legal system with international ones, which are more advanced in this aspect. However, it is worth noting that this book was written before the approval of the Lei Geral de Proteção de Dados Pessoais – LGPD (General Law of Protection of Personal Data) in Brazil, so it does not address it.
Among the references cited are:
Finally, it can be seen that on a global level the great challenge of personal data protection has been emphasized. Especially in this era full of new technologies and ever-increasing data retention.
Martin Lindstrom in his book "Small Data" affirms that it is essential to maintain an external perception of who is being analyzed and to know how to cross-reference the information obtained.
In the book "Data and Goliath", the author Bruce Schneier reports that one way to maintain data security is to assign responsibility for breaches to companies.
Finally, Cole Nussbaumer Knaflic says that to rely on data is to rely on facts, in his book "Storytelling with Data".
So, what did you think of learning more about Privacy and Data Protection in the context of Big Data and IoT? Did you already know, in this context, your rights as a citizen, and rights and duties as a company?
We hope that this reading has brought you more knowledge and alerted you to virtual dangers.
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