Difference between Data Protection and Data Privacy
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Author—Anchal Parmar
INTRODUCTION
The terms "data protection" and "data privacy" are frequently used interchangeably in today's digital economy, when data is generated by every click, swipe, and transaction. They are not the same, though. In a time characterized by surveillance capitalism, artificial intelligence, cybercrime, and changing legal frameworks like the General Data Protection Regulation and the Digital Personal Data Protection Act of 2023, it is imperative to comprehend their differences. While data protection offers the tools and regulations to actually limit access to the data, data privacy specifies who has access to the data. Companies must take steps to secure private user data, and compliance requirements help guarantee that they comply with users' requests for privacy.
DATA PRIVACY
The right of an individual to regulate the collection, use, sharing, and storage of their personal data is known as data privacy. In Justice K.S. Puttaswamy v. Union of India, the right to privacy was acknowledged as a basic right in India under Article 21. This idea serves as its foundation. All sensitive information handled by businesses, including that of clients, shareholders, and staff, is subject to data privacy concerns. This data is frequently essential to the development, operations, and financial health of businesses. Only authorized parties can access sensitive data thanks to data privacy. It helps guarantee that businesses adhere to legal obligations and stops criminals from using data unlawfully.
INDIVIDUAL
│
(Consent & Control)
│
What data?
Why collected?
Who uses it?
For how long?
DATA PROTECTION
Contrarily, data protection describes the organisational, legal, and technical safeguards put in place to prevent unauthorised access, breaches, and abuse of personal data. It covers
● Secure Firewalls
● Controls over access
● Minimisation of Data Structures for cybersecurity
● Mechanisms for responding to breaches.
Fundamentals of Data security
● Data Availability: Even in the event that data is lost or corrupted, data availability ensures that users can access and utilise the information they require to conduct business.
● Automating the transfer of critical data to offline and online storage is known as data lifecycle management.
● Information lifecycle management is the process of taking into account, documenting, and safeguarding information assets against a range of risks, including equipment malfunctions, malware and virus attacks, application and user errors, and facility failures and interruptions.
PERSONAL DATA
│
Encryption
Firewalls
Secure servers
Access control
│
Protected System
DIFFERENCE BETWEEN DATA PRIVACY AND DATA PROTECTION
S.No. | Data Privacy | Data Protection |
1. | Data privacy is the preservation of confidentiality or control over data access. | The process of shielding data from outside threats like loss, corruption, etc. is known as data protection. |
2. | It all comes down to authorised access, which establishes who is permitted access to data. | It all comes down to preventing unauthorized access, which implies that if no one has access to the data, it is protected against such access. |
3. | Data privacy is a legal process or circumstance that aids in the establishment of accessibility standards and norms. | A technical control mechanism called data protection shields data from technical problems. |
4. | Data Privacy is the regulations or policies. | Data protection is the procedure and mechanism. |
5. | One way to describe it is as a sales security measure that prevents data from being shared and sold. | It is possible to define security from hacking as preventing hackers from accessing the data. |
6. | The majority of data privacy measures are implemented at the end-user level. Users are aware of which data they can access and which are shared with others. | The organization or corporation end is primarily in charge of data protection. They take all necessary precautions to keep their data safe from unauthorized access. |
7. | Experts in policymaking, lawmaking, and some engineering make up data privacy teams. | Experts with technological, security, and other backgrounds comprise data protection teams. |
WHY IS DIFFERENCE IMPORTANT IN TODAY'S WORLD?
(A) The Development of Artificial Intelligence: Large datasets are essential to AI systems. Without explicit privacy regulations, businesses might gather too much personal information. Even legitimate AI data, though, needs to be secured against hacking. As a result, protection safeguards storage while privacy controls gathering.
(B) A rise in breaches of data Breach incidents are common in government databases and multinational organisations. A corporation may fail to prevent a cyberattack (data protection failure) even after obtaining user consent (privacy compliance). This distinction becomes important when figuring out: Compensation for Liability Penalties imposed by regulations.
(C) Increasing the Scope of Digital Governance: Both are emphasized under India's
Digital Personal Data Protection Act, 2023, Processing based on consent (privacy) Reasonable protection (security) measures The General Data Protection Act is comparable. Regulation requires: Legal justification for processing a 72-hour notice of a data breach and severe consequences for noncompliance.
CONCLUSION
It is impossible to overestimate the importance of data security, privacy, and protection in the linked world of today. Although each idea has a distinct focus, taken as a whole, they provide a thorough framework for managing and protecting digital data from the constantly changing risks. Businesses and individuals may more effectively negotiate the intricacies of the digital world and guarantee that data is safe, private, and secure by being aware of these differences and how they work in tandem.
REFERENCE
Jeremy Ross, Cloudian https://cloudian.com What is data protection and privacy?
Satyabrata Jena, GeeksforGeekshttps://www.geeksforgeeks.orgDifference between Data Privacy and Data Protection
SISA Infosechttps://www.sisainfosec.com Data Security vs Data Privacy vs Data Protection
