I think there are definitely cases where it’s not respected. We talked about the TikTok decision, where there were shortcomings. There is also the recent decision concerning Staples. There are many cases where there have been shortcomings, but the key thing is to have the tools to address these shortcomings. Ideally, we take preventive measures, but if not, we take action after the fact.
I believe these principles are technologically neutral and they can evolve with technology. However, the law needs to be modernized to make this easier. Concepts like de-identification, transparency and how to process transparency when organizations themselves say they don’t know how they made such decisions. The chair of Google said that recently. The law must therefore change. We can have more proactive obligations, but we already have a very good framework on this issue with the Privacy Act.
