Data PrivacyPrivacy in Digital Twin Technology

July 24, 20240

INTRODUCTION

The integration of digital technology into the physical world has led to the emergence of digital twin technology, which is significantly impacting various industries and transforming their operations. Initially designed for manufacturing, these virtual representations of physical objects are now extensively employed in sectors like healthcare and urban planning, leading to enhancements in efficiency, creativity, and environmental stewardship.

INTERPRETATION OF DIGITAL TWIN

A digital twin is basically a virtual representation of an object or system designed to reflect a physical object accurately. It covers the entire lifecycle of the object, continuously updated with real-time or near-real-time data, and employs simulation, machine learning, and reasoning to assist in decision-making. A digital twin is essentially a live digital copy of a real object or system, constructed using real-time data collection from sensors and other data collection devices connected to the physical object. These devices can predict, enhance the functioning, analyse data and keep-up with the physical devices.

APPLICATIONS OF DIGITAL TWIN IN INDUSTRIES

  • Manufacturing:

In manufacturing sector, digital twins are used to improve operational efficiency and productivity. It creates a virtual model that replicates the production processes and continuously monitor equipment in real-time manner. The manufacturers can anticipate equipment failure and schedule maintenance by analysing data from the sensors on the machine thus minimizing downtime.

These digital twins also help in optimize processes by simulating various scenarios and identifying the most effective production methods, resulting in cost reductions, enhanced product quality, and quicker product launches.

  • Healthcare

In healthcare sector, digital twins have provided a revolutionary approach to patient care and medical research. Through digital twin technology, clinicians can more accurately anticipate patient outcomes, personalize treatment plans and simulate different strategies. Moreover, digital twins can be used for monitoring chronic illness which enables timely interventions. They also assist in the design and testing of medical devices, reducing the need for animal testing and human trials.

  • Automotive Industry

In automotive sector, digital twins play a vital role in vehicle designs, manufacturing. Before physical prototypes are built, the automakers use this technology to simulate and test new designs using digital twins of their vehicles.

  • Urban Planning

Urban planners and city administrators use digital twins to simulate the impact of new developments, infrastructure projects, and policy changes on traffic flow, energy consumption, air quality, and public services.

For example: Traffic flow can be optimized by analysing patterns and adjusting traffic signals dynamically.

IMPORTANCE OF DATA PRIVACY IN DIGITAL TWIN TECHNOLOGY

The digital twin technology showed rapid advancement in various industries , leveraging data to create visual replicas of the physical entities. However, this rapid growth raises concern about data privacy and hence ensuring robust data privacy is crucial for several reasons:

  • Unauthorized access: Malicious actors can be attracted due to extensive use of digital twin technology. This unauthorized access has led to various privacy breaches. For example, in healthcare sector digital twins may contain patient information including personal information, medical history. Unauthorized access can lead to identity theft or personal harm.
  • Data misuse: Data can be misused in ways that infringe on privacy rights, even when it is initially collected for the purpose of improving services and operations. For example, companies might repurpose data for targeted advertising without obtaining explicit consent from individuals. Additionally, data could be misused by governments or organizations for monitoring and surveillance, which would violate personal freedoms and privacy.
  • Compliance challenge: The organizations must ensure the compliance with regulatory framework of the country. Organizations are required to uphold principles such as data minimization, purpose limitation, and lawful data processing. For instance, the organizations in India must comply with the provisions of Digital Personal Data Protection Act,2023 (hereinafter referred to as “DPDPA”). As under DPDPA individuals have specific rights, including the right to access, rectify, and erase their data, it is essential for organizations to have mechanisms in place to address these rights.

DATA PRIVACY CHALLENGES IN DIGITAL TWIN TECHNOLOGY

Due to the extensive collection and processing inherent in the digital twin technology face many challenges:

  • Data collection and processing:

The major challenge in digital twin technology is managing extensive data collection. Digital twins depend on gathering large amounts of data from various sources such as sensors, devices, and user inputs. This data encompasses a wide range of information including operational metrics, environmental conditions, and personal and sensitive data. The sheer volume and diversity of the collected data can be overwhelming, posing challenges for effective management and protection.

Moreover, digital twins require continuous data updates to maintain accuracy, necessitate consistent processing and analysis of real-time data streams.

  • Potential Privacy Risks

In today’s world data breach and leaks are a major concern. When breaches occur, vast amounts of sensitive data can be exposed, causing severe consequences for both individuals and organizations.

Another significant risk is data misuse, in which data meant for enhancing services and operations may be repurposed for unauthorized activities. The companies might exploit data for targeted advertising without explicit consent from individuals, and governments and organizations could utilize data for surveillance, infringing on personal freedoms and privacy. The real-time nature of data transmission in digital twins makes data susceptible to interception and manipulation.

  • Technical challenges

The implementation of strong data privacy measures in digital twin technology presents a range of technical challenges. As the digital twin technology grows in complexity and expands data volume, it becomes challenging to ensure privacy solutions that are both scalable and high-performing.

  • Mitigation Strategies

The data privacy challenges in digital twin technology necessitates thorough strategies. Data anonymization and pseudonymization are considered as effective techniques for protecting individual’s identities while retaining data utility for analysis and decision-making. Anonymization involves removing or modifying identifiable information to hinder re-identification, whereas pseudonymization involves substituting identifiable information with pseudonyms, enabling data to be connected to the same individual without disclosing their identity.

By including privacy considerations into design and development of digital twin technology which is known as “privacy by design” helps ensure that privacy is built into the technology rather than added as an afterthought. This involves introducing privacy features and safeguards into the system architecture.

REGULATORY COMPLIANCE FOR DIGITAL TWIN TECHNOLOGY

The contextualized data serves as the foundation for the digital twin technology for converting into information. Therefore, data algorithms, and Artificial Intelligence systems form the core of the digital twin. The legal framework of these concepts is the key to the development of the digital twin.

  • General Data Protection Regulation

The provisions of data privacy also apply to digital twin technology. In particular, General Data Protection Regulation, 2018 (hereinafter referred to as “GDPR”) does not specifically state any particular provision unless the data is processed. The Article 5 of GDPR sets out a general framework which lays down several obligations such as transparency, obligation of loyalty, obligation to store the data within a reasonable time, obligation to keep the data up to date, etc.

While, Article 6 and 7 of the GDPR, outlines the requirement of consent of data subject for processing the data along with the provision for withdrawal of consent at any time. This consent is necessary as stipulated in Article 9 of the GDPRA which states, that the processing of health data is prohibited unless the patient consents.

  • The DPDPA

In India, DPDPA was introduced with aim of establishing a comprehensive framework for protection of data. The DPDPA emphasizes the importance of data privacy and security, aligning with global standards like the GDPR of the European Union. It also  emphasizes on lawfulness, fairness, and transparency in data processing by these technologies. It requires that data collection to be specific, necessary, and accurate, with clear limitations on storage duration. Further, Section 9 of the DPDPA necessitates the consent from data subject to be explicit and informed, giving them right to amend, correct or delete their data under Section 11 and 12 of the Act. The DPDPA  also imposes strict accountability on data controllers and processors, requiring robust security measures, detailed record-keeping, and prompt breach notifications.

AMLEGALS REMARKS

The digital twin technology is transforming various industries by providing a virtual representation of physical entities, enabling real-time monitoring, predictive maintenance, and optimization of processes. As it becomes the integral part of various industries it is essential to protect the data of individuals collected, processed by these technologies complying with the legal frameworks.

 While digital twin technology holds immense potential, it also presents significant data privacy challenges, which requires multifaceted approach, combining technical safeguards and by implementing robust data privacy measures.

– Team AMLEGALS assisted by Ms. Disha Sharma (Intern)


For any queries or feedback feel free to reach out to mridusha.guha@amlegals.com or liza.vanjani@amlegals.com

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