The Bermuda Chapter of ISACA hosted a panel discussion on privacy and data protection entitled Privacy in Bermuda and Beyond: Are We Ready for PIPA? on March 1, 2023. Privacy Commissioner White moderated the panel, which featured Senior Analyst at the Government’s PIPA and PATI Unit, Dr. Marisa Stones; senior legal counsel at Argus Americas, Kimbeley D. Caines-Best; senior counsel at Walkers (Bermuda), Melanie Fullerton; and partner at Deloitte Bermuda, Brett Henshilwood.
Attended by cybersecurity, audit, and privacy professionals from across the island, the event was mostly a platform to discuss serious, privacy-related, and legal matters. At one point, though, it also became an opportunity for a bit of lighthearted fun when Commissioner White invited ChatGPT to provide answers to questions on topics related to PIPA, the Office of the Privacy Commissioner for Bermuda (PrivCom), and privacy.
First things first: What is ChatGPT? Created by Open AI, ChatGPT has been in the news a lot over the past two months or so. This type of Artificial Intelligence (AI) uses an extensive language model based on billions of data points from all over the internet. In so doing, this large language model mimics a human response to questions and instructions. People interacting with ChatGPT have used it to write Nick Cave-style lyrics or poetry, to explain scientific concepts, or to “produce” academic essays. While ChatGPT undoubtedly offers innovative, new approaches to writing, experts in the field have also raised issues with the platform relating to the spread of misinformation, plagiarism, lack of consent from data sources, as well as potential serious data privacy risks with respect to the exploitation and misuse of personal information.
Below, we invite you to read the questions that Commissioner White asked the panelists at the event, as well as the answers provided separately by ChatGPT. It is fascinating – and somewhat scary – to note the degree to which this AI model’s behaviour succeeds in imitating the potential responses by a “real person”.
Commissioner White: What do you know about the Office of the Privacy Commissioner for Bermuda?
ChatGPT: The Office of the Privacy Commissioner for Bermuda, OPC, is an independent public body responsible for upholding and enforcing data privacy and protection laws in Bermuda. (CORRECTION: The Office of the Privacy Commissioner for Bermuda abbreviates its name as “PrivCom”, not “OPC”.) Its mandate is to safeguard personal information and privacy rights in Bermuda, and it carries out its functions under the Personal Information Protection Act 2016 (PIPA).
[PrivCom]'s primary functions include the investigation of complaints related to the misuse of personal information by organizations, promoting compliance with PIPA, and raising public awareness about privacy rights and obligations. [PrivCom] is also responsible for maintaining a public register of data breaches that have occurred in Bermuda. (CORRECTION: There is no such provision in PIPA regarding a public register of data breaches.)
The Privacy Commissioner is appointed by the Governor of Bermuda and serves a term of five years. The current Privacy Commissioner for Bermuda is Alexander White.
Commissioner White: What is the difference between privacy and cybersecurity?
ChatGPT: Privacy and cybersecurity are two related but distinct concepts.
Privacy refers to an individual’s right to control their personal information and to prevent its unauthorized use or disclosure. It involves the protection of personal information from being collected, used, shared, or sold without the individual’s knowledge and consent. (CORRECTION: PIPA or other laws may also cover information being modified, disclosed, destroyed, or used in some other way.)
Privacy laws and regulations are designed to ensure that organizations that collect and use personal information do so in a transparent and accountable manner and take appropriate measures to safeguard that information.
Cybersecurity, on the other hand, is the protection of computer systems, networks, and digital assets from unauthorized access, theft, damage, or disruption. Cybersecurity is concerned with protecting systems and data from malicious attacks by hackers, viruses, and other forms of cyber threats. It involves the use of technology, tools, and best practices to identify and mitigate cyber risks and to safeguard the confidentiality, integrity, and availability of digital assets.
In summary, privacy is concerned with protecting personal information from misuse, while cybersecurity is focused on protecting digital assets from cyber threats. Nonetheless, privacy and cybersecurity are closely related, as the security of personal information is critical to protecting privacy, and effective cybersecurity practices are necessary to safeguard personal information from cyber threats.
Commissioner White: What is an organizational data privacy program?
ChatGPT: An organizational data privacy program, also known as a privacy management program or privacy framework, is a set of policies, procedures, and practices that an organization puts in place to manage the collection, use, storage, and sharing of personal information.
An effective data privacy program is designed to help organizations meet their legal and regulatory obligations related to data privacy, as well as to protect the privacy rights and interests of individuals whose personal information they collect and use. It typically includes a range of measures, such as:
i/ Privacy policies and notices that explain how personal information is collected, used, shared, and protected.
ii/ Data inventory and mapping to identify the types of personal information collected, where it is stored, and how it is used.
iii/ Risk assessments to identify potential privacy risks and vulnerabilities and to implement appropriate controls.
iv/ Privacy training and awareness programs for employees to ensure they understand the importance of protecting personal information and their roles and responsibilities in doing so.
v/ Incident response and breach notification plans to manage privacy incidents and breaches in a timely and effective manner.
vi/ Regular privacy audits and reviews to assess the effectiveness of the privacy program and identify areas for improvement.
An organizational data privacy program should be tailored to the specific needs and risks of the organization and should be regularly reviewed and updated to ensure ongoing effectiveness and compliance with changing legal and regulatory requirements.
Commissioner White: What is a day in your life working on privacy issues like?
ChatGPT: As an AI language model, I do not have a physical life or workday. My "work" is to respond to user requests and questions related to privacy issues to the best of my abilities based on the knowledge and training that I have received.
When a user submits a question or request related to privacy issues, I use natural language processing and machine learning algorithms to analyze the request and identify the most appropriate response based on the available data and information. I then provide a response to the user in natural language format that is designed to be easy to understand and helpful.
In order to provide accurate and up-to-date information, I rely on a constantly updated knowledge base that includes information from a wide range of sources, including academic research, government reports, news articles, and other authoritative resources.
Overall, my "workday" involves analyzing user requests, searching through my knowledge base for relevant information, and providing responses that are accurate, helpful, and easy to understand. I do not have a physical presence or schedule, as I am a digital tool designed to assist users in their information-seeking efforts.
Commissioner White: What are some trends you see in privacy and cybersecurity, both from a practitioner and a governance perspective?
ChatGPT: From a practitioner perspective, some trends in privacy and cybersecurity include:
i/ Adoption of Privacy by Design: Organizations are increasingly adopting Privacy by Design principles, which means incorporating privacy considerations into the design and development of products, services, and processes. This approach aims to reduce the risks of privacy violations and data breaches from the outset by building in privacy controls and safeguards.
ii/ Increased focus on data governance: There is a growing recognition of the importance of data governance, which involves the management of data assets to ensure their accuracy, completeness, and security. Organizations are adopting data governance frameworks and tools to better manage their data and to ensure compliance with privacy and security requirements.
iii/ Emphasis on employee training and awareness: Organizations are recognizing that employees are often the weakest link in privacy and security, and are investing in training and awareness programs to help employees understand the risks and how to avoid them.
From a governance perspective, some trends in privacy and cybersecurity include:
i/ Increasing regulatory requirements: Governments around the world are enacting new laws and regulations related to privacy and cybersecurity, such as the EU's General Data Protection Regulation (GDPR) and California's Consumer Privacy Act (CCPA). These regulations are driving organizations to adopt more comprehensive privacy and security programs and to be more transparent about their data practices.
ii/ Focus on risk management: Regulators are increasingly focused on risk management as a key element of privacy and security governance. This includes requiring organizations to conduct regular risk assessments and to implement appropriate controls to mitigate identified risks.
iii/ Globalization of privacy and cybersecurity: Privacy and cybersecurity are becoming increasingly global issues, as organizations operate across borders and data flows across international boundaries. This is leading to greater collaboration among governments and organizations to develop global standards and frameworks for privacy and cybersecurity governance.
Overall, these trends reflect a growing recognition of the importance of privacy and cybersecurity as critical elements of modern business and governance. Organizations and governments are increasingly investing in privacy and security programs to protect sensitive data and to mitigate the risks of privacy violations and cyber-attacks.
Commissioner White: Tech is always changing; what are some of the fascinating things you are seeing?
ChatGPT: As an AI language model, I am constantly updating my knowledge base to keep up with the latest developments in technology. Here are some fascinating things I've observed:
i/ Advancements in Artificial Intelligence: AI is advancing at an incredibly rapid pace, with breakthroughs in areas such as deep learning, natural language processing, and computer vision. These advancements are enabling machines to perform tasks that were once thought to be exclusive to humans, such as playing complex games, translating languages, and even diagnosing medical conditions.
ii/ Internet of Things (IoT): IoT is a growing trend where everyday devices are connected to the internet and can collect and exchange data. This includes everything from smart home devices to industrial equipment. The potential benefits of IoT are significant, including increased efficiency, improved safety, and better decision-making. However, there are also privacy and security risks associated with IoT devices, which need to be carefully managed.
iii/ Blockchain technology: Blockchain is a distributed ledger technology that allows for secure and transparent transactions without the need for intermediaries. Blockchain has the potential to transform many industries, including finance, healthcare, and supply chain management, by improving security and efficiency.
iv/ Augmented and Virtual Reality (AR/VR): AR and VR technologies are becoming increasingly sophisticated, with applications in areas such as gaming, education, and training. These technologies are enabling users to experience immersive virtual environments and to interact with digital objects in new ways.
v/ Quantum computing: Quantum computing is an emerging technology that promises to solve complex problems that are beyond the capabilities of traditional computers. While still in its early stages, quantum computing has the potential to transform fields such as cryptography, drug discovery, and climate modeling.
Overall, these technological advancements are creating exciting new opportunities, but also present new challenges related to privacy, security, and ethics. It will be important for organizations and individuals to carefully consider these issues as technology continues to evolve.
Commissioner White: What should Bermudian organizations be doing now to get ready for PIPA?
ChatGPT: The Personal Information Protection Act (PIPA) is a comprehensive data protection law in Bermuda that sets out requirements for the collection, use, and disclosure of personal information. Here are some steps that Bermudian organizations can take to prepare for PIPA:
i/ Review current data practices: Organizations should conduct a comprehensive review of their current data practices, including what personal information they collect, how it is used and shared, and how it is secured. This review will help to identify any gaps in compliance with PIPA.
ii/ Develop a PIPA compliance plan: Based on the review, organizations should develop a comprehensive compliance plan that addresses any gaps in compliance with PIPA. This may include implementing new policies and procedures, updating privacy notices, and training employees on PIPA requirements.
iii/ Appoint a Data Protection Officer (DPO) (CORRECTION: PIPA refers to “privacy officers,” not “Data Protection Officers,” which is a term in the EU GDPR). PIPA requires that organizations appoint a [privacy offer] to oversee data protection activities. The [privacy officer] should have a good understanding of PIPA requirements and should be responsible for ensuring compliance.
iv/ Implement data security measures: PIPA requires that organizations implement reasonable security measures to protect personal information from unauthorized access, use, or disclosure. Organizations should review their current security measures and implement any additional measures necessary to comply with PIPA.
v/ Ensure vendor compliance: Organizations should review their contracts with vendors and service providers to ensure they comply with PIPA. This includes ensuring that vendors have appropriate data security measures in place and that they only collect and use personal information in accordance with PIPA.
vi/ Develop incident response plans: PIPA requires organizations to have a plan in place for responding to data breaches and other incidents that may impact the security of personal information. Organizations should develop and test incident response plans to ensure they can effectively respond to these types of incidents.
Overall, preparing for PIPA will require a concerted effort from organizations to ensure compliance with the law. By taking proactive steps now, organizations can avoid potential penalties and reputational damage down the road.
Commissioner White: I will read these responses at an event. Any closing remarks?
ChatGPT: As we continue to navigate the ever-evolving landscape of privacy and cybersecurity, it’s essential that we remain vigilant and proactive in our approach. With the growing amount of personal information being collected and processed, it’s more critical than ever to prioritize data protection and privacy. Organizations must take steps to ensure compliance with applicable laws and regulations, implement appropriate security measures, and educate employees on best practices for safeguarding personal information. By doing so, we can help to mitigate the risks of data breaches and protect the privacy of individuals. Thank you for your attention, and I hope that the information provided has been helpful.