2024 Global Privacy Legislative Developments

Forecasting 2024 Global Privacy Legislative Developments

Introduction

Global legislative developments in the privacy sphere were abundant in 2023. Privacy professionals from around the world predict that legislation pertaining to data privacy and cyber security will continue to flourish in 2024, especially as governments consider how to best navigate burgeoning AI technology. This blog post explores some of those predicted legislative developments and trends.

Africa

Data Protection Laws in Africa

A new report by the global digital rights advocacy group, Access Now, explores the need for increased data privacy and protection in recently digitized African countries. The report highlights a potential disconnect between the enactment of data privacy legislation and its actual implementation and discusses the ways that legislation can or should be strengthened in the coming years.

Asia

China & the Digital Economy

Chinese officials have identified the “digital economy” as a priority industry for economic development in 2024. Recently established government agencies will work together to develop China’s digital economy while simultaneously regulating data protection and cyber security. Legislation that reflects this commitment to strategic growth and continued security is expected in the coming year.

India’s Landmark Privacy Legislation

The Digital Personal Data Protection Act (DPDPA), originally passed in August of 2023, is expected to become fully operational after India’s spring 2024 elections. The long-awaited comprehensive data protection legislation is aimed at safeguarding citizens’ digital personal data and imposes noncompliance penalties of up to approximately USD 30 million.

Thailand & the Personal Data Protection Act (PDPA)

Since Thailand’s comprehensive data privacy legislation went into full effect in 2022, the committee tasked with enforcing the law has had to issue a number of formal clarifications and supplemental regulations. These regulations have addressed areas of confusion such as data breach notification requirements and the appointment of data protection officers. Additional regulations are anticipated in 2024 and could potentially address cross-border transfers of personal data.

Europe

The EU’s AI Act

The EU’s Artificial Intelligence (AI0 Act is perhaps one of the most significant legislative developments anticipated in 2024. Just last week, on February 2, representatives from EU member states approved the act’s passage at a meeting for the Council of the European Union’s Permanent Representatives Committee.

After the unanimous vote of approval took place, Spain’s representative reiterated that this “historic legislation … sets a balanced approach which guarantees citizens’ rights but encourages innovation around the development of artificial intelligence.” Though the legislation is not yet finalized, approval by the Permanent Representatives Committee is a momentous step towards the Act’s ultimate enactment.

Sweden’s Inaugural Privacy Legislation

In 2023, the Swedish government began investigating how to best implement the country’s first comprehensive cybersecurity legislation. Although the GDPR has been applicable law in Sweden since 2018, EU Member States are permitted to pass additional legislation domestically, and Sweden is expected to do so by September 2024.

Ukraine & the European Union

As war rages on Ukraine’s battlefields, the Ukrainian Parliament continues to take every feasible step towards joining the EU. And since data protection and adjacent regulations are requirements for any EU member state, Ukraine is focused on ways to harmonize its current legislation with the EU’s. Assuming that Ukraine’s military goals for 2024 are realized, data privacy reforms would likely be quick to follow.

North America

Canada & Federal Privacy Legislation

In 2023, the Canadian government introduced Bill C-27, which would replace the current federal privacy legislation with a new Consumer Privacy Protection Act. Bill C-27 also includes the Artificial Intelligence and Data Act, which would prohibit certain AI conduct that puts individuals at risk of serious harm. Bill C-27, which could conceivably be passed in 2024, reflects Canada’s renewed commitment to ensuring that its privacy legislation keeps pace with technological developments.

South America

Chile’s Long Anticipated Legislation

Though plagued with setbacks and long periods of parliamentary debate, comprehensive Chilean data protection legislation is projected to finally be completed in 2024. The proposed law, which closely resembles the GDPR, would become enforceable two years after its finalization.


You can read more about global legislative forecasts for 2024 on the IAPP website.

Disclaimer

This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Hall Booth Smith, P.C. and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

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About the Author

Lea McBryde

Lea McBryde

Attorney at Law | Charlotte Office

T: 980.949.7826
E: lmcbryde@hallboothsmith.com

Lea McBryde is an Associate in our Charlotte office, where she focuses her practice on data privacy and cybersecurity matters.

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