Balancing Privacy and Innovation: staying ahead of the curve

Balancing Privacy and Innovation: staying ahead of the curve 

Increasingly, organizations are transforming service delivery models to ​“digital-first” and ​“AI-driven”, requiring them to adapt to emerging technologies and more data-focused strategies. For example, in healthcare, physicians are relying on AI-driven scribe tools to take notes during patient visits; police services continue to enhance their use of facial and license plate recognition software; and school boards turn to online learning platforms and AI-assisted tools for generating report cards and attendance management. 

In each of these cases, data and AI are at the heart of innovation. As privacy professionals, we are often challenged with striking the right balance between staying ahead of these advancements and remaining committed to protecting privacy. This is especially important at a time when individuals are increasingly aware of the potential privacy harms that may be introduced by these new ways of doing business and regulators are putting these topics front and centre. 

Below we offer some strategies and insights that may help guide your organization in navigating this challenge:

A privacy-forward culture trumps everything else 

A sustainable and responsible privacy program isn’t just about ticking boxes. It’s about fostering a real culture of privacy. Over time, this maturity begins to build trust between organizations and their employees, clients, and other stakeholders. This is why privacy can’t just be the responsibility of legal and compliance teams – it must be a shared, companywide priority. Here are some key factors to fostering a culture of privacy within your organization: 

• Leadership buy-in: Make privacy a top priority at the executive level. Having senior leadership champion privacy initiatives sets the tone for the rest of the organization. Reporting on your privacy strategy at the board and C‑Suite level helps keep senior leaders engaged in ongoing innovation and compliance efforts. 

• Transparent policies & governance: Innovating while maintaining privacy standards is all about building trust. Being transparent with individuals about what data you collect, how it’s used, and how it’s protected can not only help you comply with privacy regulations but also enhance your brand’s reputation. When is the last time your organization reviewed and updated its internal privacy policies and client-facing privacy statement(s)?

• Education & awareness: To make sure employees understand the importance of privacy, the policies affecting their role, and how to implement best practices, ensure your organization’s privacy training is up to date and reflects the current risks faced by the organization. Foster open lines of communication between privacy, security, and other teams to ensure potential privacy concerns are addressed. 

Implement Privacy by Design 

One of the most effective ways to ​“put privacy first” is to embed it into your operations. You probably know this as Privacy by Design, a principle that ensures privacy is a foundational element of key business processes. 

To embrace Privacy by Design within your organization: 

• Give privacy a seat at the table: Including the privacy team in core project team decision-making allows for privacy risks to be identified early in the project lifecycle, enabling privacy-protective enhancements to be incorporated throughout the new program, service or system’s development. This can help avoid last minute change requests and make sure privacy is not an after thought. 

• Conduct a Privacy Impact Assessment (PIA) to document your understanding of the impact of the new technology, program or service on individuals’ privacy. A PIA, which helps identify risks and ensure compliance with privacy regulations, can be done iteratively, as a project evolves. Conducting a PIA can help uncover unforeseen issues that could otherwise slow down innovation and damage the trust that your organization has worked so hard to achieve. In some jurisdictions, like in the Ontario public sector and Quebec, PIAs are now required by law. 

Stay informed, and stay agile

The regulatory landscape for privacy is constantly evolving. New privacy laws like Quebec’s Law 25, and Ontario’s Bill 194 continue to shape how organizations handle personal information. Staying informed ensures that your organization can adapt quickly and avoid potential non-compliance. 

To help your organization stay informed and agile: 

• Solidify your privacy governance structure: It’s important to understand (and document) which roles in the organization are responsible for monitoring regulatory changes and overseeing compliance so everyone on the teams knows who’s responsible. 

• Be ready to make policy enhancements: Reevaluate the adequacy of your privacy and cybersecurity frameworks in light of changing regulatory requirements and increased AI adoption. Know which policies may be impacted and begin to make enhancements now to meet the changing requirements. 

• Dust off your privacy breach playbook: Stricter regulatory frameworks and new technological advancements may contribute to an increase in reportable privacy breaches. It’s critical to have a well-developed and documented privacy breach protocol and ensure your employees know how to use it when needed. When is the last time you led or participated in a tabletop exercise? 

Final Thoughts

Privacy and innovation don’t have to be opposing forces. Organizations that can strike the right balance between the two will remain compliant and cultivate a deep culture of trust and resilience in the face of today’s evolving digital landscape.

Don’t face these challenges alone. Contact Mara Consulting for information about our Privacy & Information Management services.