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1.  AI development  and use will demand solutions.

            AI poses new challenges for cybersecurity and regulators are taking notice. Just last week, EU lawmakers
            agreed  on  the  core  elements  to  regulate  AI.  It  will  require  foundational  AI  models  to  comply  with
            transparency obligations, and will ban several uses of AI, including the bulk scraping of facial images. It
            will also require businesses  using “high-risk” AI to assess their systemic  risks and report on them. The
            California Privacy Protection Agency (CPPA), the state’s enforcement agency, also recently released its
            draft regulatory framework around “automated decision-making  technology” (its description of AI), giving
            Californians the right to opt-out of their data being used in AI models.

            No  business  can  afford  to  simply  ignore  AI.  Across  sectors,  the  technology  will  be  key  to  long-term
            innovation.  How,  then,  can  CISOs  ward  off the  privacy  risks  that  come  with  AI  use  internally  and  by
            vendors and other partners?

            A first and necessary step is to recognize present limitations. Third-parties are likely to oversell solutions
            based on the promise of controlling  AI, but we’re not there yet. Before CISOs even think about control,
            they’ve got to get a handle on where AI is– and will be– used in their business. Discovering these points,
            and monitoring  them, have to come before control because no one really knows how generative AI will
            evolve. For that reason, CISOs should be wary of any third-party solutions that claim to be able to harness
            this technology and its potential consequences.

            Rather than buying into an illusion of control, CISOs should tap into their existing toolbox to further efforts
            at  discovery  and  monitoring.  Traditional  tools  still  have  value,  even  in  the  generative  AI  world.    For
            instance, they can leverage ubiquitous network inspection to find calls to AI vendors unauthorized by the
            company’s policies.Data  mapping and detection can help cybersecurity  teams know precisely where AI
            is being used in their organization and prevent shadow IT.



               2.  Data privacy regulation (and enforcement) will evolve.


            When it comes to the data privacy market more generally, CISOs can expect one thing: change.
            This  is  particularly  true  when  it  comes  to  regulation.  While  some  agencies  have  kept  pace  with
            technological  development,  enforcement  has been another  issue entirely.  As data privacy expert Anna
            Westfelt  recently  underlined,  regulators  around  the globe  currently  face  crippling  personnel  shortages
            and enormous backlogs.

            While this was the case in 2023, other indicators give a better idea of what to expect in the months and
            years to come. In particular, data subject access requests (DSARs) continue to increase year over year.
            This reflects consumers’ increasing  concern with how their personal data is being handled; however,  it
            also suggests that stricter DSAR enforcement is just around the corner.

            For CISOs, this means that in addition to solutions for data mapping and AI discovery and monitoring,
            they need to begin thinking  seriously about how they can efficiently respond to consumer  demands for
            data transparency,  be it through automated processes or other means. Doing so won’t just protect their







            Cyber Defense eMagazine – January 2024 Edition                                                                                                                                                                                                          21
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