The Tour d’ Horizon of Data Law Implications of Digital Twins
5.5 MAPPING
The flow of data in a proposed DT should be mapped before the process of creation is started. Accordingly, a jurisdiction-focused analysis, depending on the type of DT being used, should be undertaken to apprise oneself of the laws applicable to such operations. This would ensure informed decision making with respect to prospective operations. Additionally, businesses should implement technological, operational, and organizational measures to ensure compliance with applicable laws. Conducting an impact assessment taking into consideration the nature of operations, types of personal data involved, and the potential risks of harm is essential for identifying vulnerabilities and mitigating legal and regulatory risks.
5.6 DATA QUALITY AND ASSURANCE
Data is the core source for the creation of DTs. Therefore, steps should be taken to ensure that the source of data collection is verified at both levels – for Input Data as well as historical data. Further, regular data audits – both internal and external should be conducted to ensure robust compliance with relevant data protection laws. Further, to ensure the security of data, regular data protection impact assessments may also be conducted.
5.7 DATA AGREEMENTS
Data Agreements at both levels between the( i) Data Controller and the Data Subject, and( ii) the Data Controller and its Processors are essential. These determine the contractual relationship between the parties, duties and responsibilities and rights and liabilities.
5.8 HONORING RIGHTS
As noted above, honoring Data Subjects’ rights can be challenging due to the high volume and sensitivity of personal data in Healthcare DTs. To address this, a data interface, such as a dashboard, could be provided by the Data Controller, allowing Data Subjects to manage their personal data directly. This approach would streamline operations and enhance transparency.
5.9 SECURITY AND INSURANCE
Robust cybersecurity measures must be implemented by the DT provider, including encryption, access controls, and continuous monitoring to protect personal data. A comprehensive cyber response plan should also be in place to swiftly address any security breaches, alongside clear breach reporting protocols to ensure compliance with relevant regulations. Additionally, securing appropriate cyber insurance can provide financial protection against potential data breaches or cyberattacks, helping to manage the associated risks effectively. Overall, the synchrony required for the efficient functioning of a DT should also be reflected in the functioning of the DT provider’ s operations as well.
Journal of Innovation 91