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March 12, 2024

Simplifying the DSAR Process through New Requirements and Regulations

Author: Arnav Kumar

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In today’s emerging digital age, collecting customers’ personally identifiable information (PII) is part and parcel of running a business. As data collection technologies evolve, so do regulations designed to protect a consumer’s personal information. One such regulation is the Data Subject Access Request (DSAR).

Understanding DSARs

DSARs are legal entitlements that allow consumers to access their data. They serve the specific purpose of requesting access to hold data and its use. Data Subject Access Requests (DSARs) fall under the wider umbrella of Data Subject Requests (DSRs), which cover a range of rights held by data subjects. DSRs cover the rights to data correction or rectification, pause data processing, data deletion or erasure, restrict data usage, and transfer data to a different controller (data portability).

The DSAR Process

Upon receiving a DSAR from a consumer, a company under the purview of data privacy regulations is legally required to fulfil and adequately address the request as stipulated by the relevant law. All data can be requested by Data subjects (requesters) including personal data a company holds, as well as a summary of whom that data may have been shared with or sold to.

New Requirements and Regulations

Numerous jurisdictions worldwide have enacted Data privacy laws. These laws stipulate a consumer’s right of access and require that consumers can access the personal data that a company has collected from them. They can request the data be securely sent to them, require companies to delete any personal information they’ve stored, and opt out of data sales to third-party vendors.

The General Data Protection Regulation (GDPR), an influential data privacy law that protects people within the European Union (EU) and the European Economic Area (EEA), has made DSARs increasingly prominent. They’re now included in several other laws around the world, including the Brazilian General Data Protection Law (LGPD) and California Consumer Protection Act (CCPA).

The Impact of DSARs on Businesses

The introduction of DSARs has had a significant impact on businesses. Companies are now required to have a process in place to handle these time consuming and costly requests. However, the benefits of complying with these regulations far outweigh any negative costs. By respecting the privacy rights of consumers, businesses can build a relationship of trust and loyalty with their customers.

Businesses often encounter several common pitfalls and challenges with DSARs:

1.      Failure to Properly Verify DSARs: Proper verification of DSARs is crucial to prevent unauthorized access to personal data or potential privacy breaches. Businesses must ensure a robust verification process in place to confirm the identity of the individual making the request.

2.      Inappropriate Requests: At times, companies may be confronted with unsuitable inquiries, like those from estranged parents or stepparents without legal guardianship seeking a student's personal details, or discontented customers requesting data regarding other patrons or staff members. It is important to recognize and appropriately handle such requests.

3.      Third-Party Communication on Data Deletions: DSARs may involve the deletion of personal data held by third-party vendors or partners. Businesses must ensure they have processes in place to communicate these requests effectively to third parties.

4.      Failure to Prioritize Data Protection: Organizations that fail to prioritize data protection and handle DSARs appropriately risk damaging their relationships with customers and stakeholders. Today, news of data breaches and privacy violations spread quickly, leading to public scrutiny and loss of trust.

5.      Multiple sources: PII can be spread across various databases, applications, and even physical records, making it difficult to locate and compile complete information for an individual. This can significantly increase the time and resources required to fulfil a DSAR.

6.      Balancing access and security: Ensuring secure access to individual data while limiting unauthorized access across numerous systems poses a significant challenge. Implementing robust access controls and verification procedures is crucial but can add complexity to the process.

Being aware of these common challenges, businesses can better prepare themselves to handle DSARs effectively and comply with data privacy regulations.

Simplifying the DSAR Process

To simplify the DSAR process, it’s crucial to establish a transparent DSAR workflow for your team to address consumer requests, helping your business comply with applicable data privacy laws and building customer trust. A step-by-step guide can make a reliable, legally-sound, and easy DSAR process for your business and users.

Businesses can try to implement solutions focusing on the challenges:

  • Data mapping and inventory: Implementing a clear data map and inventory of all PII sources helps locate relevant information efficiently.
  • Data governance and access controls: Establishing robust data governance policies and access controls ensures secure and compliant data handling.
  • Data integration and automation: Integrating systems and leveraging automation tools can streamline data extraction and compilation, improving efficiency and accuracy.
  • Standardization of data formats: Standardizing data formats across systems can simplify integration and analysis.
  • Cloud-based solutions: Cloud-based data management solutions can offer efficient data storage, access, and security features.
  • User-friendly DSAR portals: Providing dedicated portals for submitting and tracking DSAR requests can improve customer experience and automate workflows.
  • Seek third-party counsel: Consulting with experts can ensure compliance with relevant regulations and navigate complex scenarios.

The Future of DSARs

As data privacy laws continue to evolve, so too will the requirements for DSARs. Businesses must stay updated on these changes to ensure they remain compliant. Not only does this protect the rights of consumers but also builds trust and transparency between businesses and their customers. Additionally, as consumers become more aware of their data rights, the number of DSARs is likely to increase. Therefore, businesses must be prepared to handle these requests efficiently and effectively.

What can Proxiio do for you?

Our Data Subject Access Request (DSAR) service is designed to facilitate and manage the challenges of discovery and review of documents for organizations that hold and process personal data.

Choose Proxiio's DSAR service to navigate the complexities of data privacy with ease. Our expert team, tailored approach, and commitment to security make us the ideal partner for organizations striving to maintain transparency and adhere to legal requirements in the handling of personal data.

author
Arnav Kumar
Assistant Vice President

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