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The concept of software in Data Protection

The method used by an active data protection software program and a data protection management system are both colloquially referred to by the generic term “software.” However, these are different approaches and can’t really be compared in terms of the amount of effort that each requires.

Active Data Protection Software Programs

This kind of software actively engages with a company’s IT system. Locations are identified where personal data are stored. Links relevant to data protection are tracked down and suggestions are made to add any needed declarations. Documentation of in-house IT systems is created from a data protection perspective. The objective is to conduct a software-supported analysis of the relevant databases, to identify storage locations, to sort data by use and expiration date, and to document the processing procedures in order to keep the managing director informed about the status of data protection at his/her company. Setting up and operating such software is demanding and requires an employee with IT knowledge who also needs to have in-depth knowledge of data protection laws. The programming and on-site execution must follow and comply with the latest changes in data protection legislation. Such programs fit into the software category of “legal tech.” Making software for the legal sector is challenging, since law is a practice that requires human evaluation. This might be the reason why software has only partially caught on in legal areas.

Data Protection Management System

A data protection management system (DPMS) represents the further development of document management systems already in use in many companies. A DPMS provides a structured list of the legally required data protection measures – according to ISO standards whenever possible – with integrated templates for declarations, data protection strategies and draft agreements for contractor relationships. All documentation to be created is automatically version-controlled and archived to ensure the legally required verifiability of the last current data protection status. A DPMS is not actively involved in a company’s IT systems. As a rule, a DPMS is supervised by an internal or external data protection officer or a specialist from the quality assurance or legal department.

People expect their data to be protected. There are good reasons for this, both sociallly and personally. On the other hand, people disclose extremely intimate information about themselves. For example, on social media.
This is incredibly contradictory behavior.

An explanation:

The evolutionary development of our brains and the thinking that evolved out of it mostly took place in images. Almost all sensory impressions to which a human being is exposed are initially pre-sorted by the limbic system, which is designed to transmit these impressions to the relevant areas of the brain.

However, data protection has not played a role in the evolutionary development of humans. The brain has not been able to develop associations, ideas or images.

Data protection has so far not been an issue that has come up in evolutionary development or that needed to be dealt with.

This could be the reason why our limbic system has trouble when data protection issues are mentioned or dealt with. There are no ideas or images about it to convey any sensory content. Discussions about data protection tend to create a feeling of emptiness. Any transfer of sensory content is doomed to fail.

There is another issue as well: Data protection is still tied to the image of a padlock, i.e., associated with locking, which isn’t really helpful and is basically wrong.

In short, it’s important to be aware of the psychological conditions behind the term data protection.