The socio-technological systems and regulatory structures through which we govern digital technologies have become entangled. Every thread of progress seems to add another layer of complexity rather than build a pathway, entrapping those ill-equipped to navigate the overlapping strands.
At the heart of this growing tangle lies the digital governance paradox: the advent and proliferation of new laws and policies – governance on the books – makes on-the-ground implementation of privacy governance more difficult for organizations.
The ability for privacy professionals to navigate this challenging regulatory web is imperative, urgent and one that organizations do not have the luxury of time to address.
Untangling the Knot of Global Privacy Rules
Legend has it that, in 333 BC, near modern day Ankara, the capital of Turkey, then known as Gordium, was a knot. Not just any knot. The Gordian knot in question was said to comprise of “several knots all so tightly entangled that it was impossible to see how they were fastened.”
Such was its intricacy and complexity that an oracle declared that anyone who untied it was destined to become successful beyond comparison by virtue of becoming ruler of all of Asia.
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Piqued by the prophecy, a young – and not yet “Great” – Alexander, confronted the knot in the early days of his military campaign. Having assessed the complexity of the knot, Alexander is said to have stepped back, and with a sharp, decisive and consequential blow, cut through the knot. The prophesized success followed.
The Gordian Knot the privacy profession seeks to unravel is that which ties together, complicates, and can even frustrate the necessary work to ensure new digital technologies are developed, integrated, and deployed in ways that are safe, trusted, and well-governed. Like Gordian’s, our knot comprises of many knots tightly knitted and knotted together.
Regulations covering data protection, content moderation, online safety, cybersecurity, competition, intellectual property, AI, product liability, and consumer protection to name a few.
Unlike Gordian’s, ours is a living knot; weaving itself into and out of whatever gaps lawmakers and enforcers perceive as having been exposed by the advent and application of new technologies, harms and norms.
How Privacy Pros Are Stepping Up to the Challenge
In response to this knot of regulations, today’s privacy professionals are acting just as sharply, decisively and consequentially. As the vanguard for digital governance, privacy professionals are leveraging their cross-discipline knowledge, expertise and ever-expanding remits to shoulder more tasks, more obligations and navigate more regulatory domains than ever before.
According to the International Association of Privacy Professionals (IAPP’s) annual Privacy Governance Report, in the past year over 80% of privacy professionals have been tasked with additional responsibilities over their existing privacy day jobs.
Over half (55%) are now responsible for AI Governance. Using transferable tools and skills, privacy pros utilize their now established positions within organizations to push further. They continue to learn and grow in order to keep pace with the growing demands of the industry and their organizations.
As Alexander is said to have remarked before striking his fated blow, it matters not how the knot is loosened; as long as it is loosened. What matters is the efficacy of our efforts. This is depicted through the diversity of approaches and techniques the industry employs to tackle these knotty challenges.
For instance, privacy professionals continuously leverage, integrate and streamline existing foundations and systems for new contexts. Mature privacy governance programs have established techniques, processes and practices.
Organizations already commit resources to privacy impact assessments, data inventories and vendor management – practices that allow organizations to understand their risks obligations in the face of new compliance requirements.
Organizations with mature privacy programs have heavily invested in their staff. In addition to creating a team ready to tackle conformity in the ever-changing regulatory space, the IAPP found that 54% of surveyed privacy pros worked in organizations where 90-100% of the entire organization had completed privacy training in 2023. This demonstrates the value of training staff to empower privacy-compliant decisions at every level of an organization.
This investment in professionalization also mandates continued learning to accomplish effective interdisciplinary work, which organizations see more and more in the face of enormous regulatory consequences.
Privacy pros also follow and prioritize key developments in global digital regulation. As new laws and policies proliferate globally, professionals track developments, seek out synergies, and quickly narrow in on the nuances of new regulations in order to coordinate realistic, boots-on-the-ground action.
They pay close attention not only to policy, but lawmaker and regulator efforts to cohere issues. From the UN’s recently adopted Global Digital Compact to the European Data Protection Board’s promotion of cooperation between personal data protection and competition as a model to increase individual choice, understanding the interplay between privacy and the existing socio-technological structure is of paramount importance when creating privacy programs and responding to every day challenges.
Conclusion
While there may not be a similarly swift action or a singularly effective tool in our arsenal to cut through our Gordian knot, privacy professionals can conjure the same resolve.
Our blade is the sum product of the dedicated and disciplined work of our industry. Its sharpness comes from learning and experience. Its handle is commanded by the structures and processes that empower the decision-makers within our organizations.
The force behind its blow comes from the people, resources, cultures, and techniques in our organizations. We must sharpen skills, empower decision-making and give force to a new digital governance profession. Our profession must be Alexandrian in the face of our Gordian Knot.