GDPR: A technical perspective from Arkivum
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1 GDPR: A technical perspective from Arkivum
2 Under the GDPR, you have a general obligation to implement technical and organisational measures to show that you have considered and integrated data protection into your processing activities. ICO
3 GDPR Basic Summary The GDPR becomes EU law on 25 May 2018 unaffected by Brexit Applies to all EU-resident citizens wherever their data is stored Data Protection Officer (DPO) appointment necessary in many cases, plus impact assessments Fines up to EUR 20m or 4% of previous year s global turnover There are even higher standards around special category data eg Genetic data, Children s data Data Controllers and Processors have accountability for subjects data, 6 main principles: Data processing shall be lawful, fair, transparent etc. Data collection shall be performed for reasons made explicit to individual Data shall only be collected for specific, necessary and relevant purposes Data shall be accurate and kept up-to-date Means shall be provided for individuals to change details, be forgotten, data portability etc. Data shall be kept for no longer than necessary
4 Technical measures: risk management Technical measures = Reduced probability, lower impact Consequences of a GDPR breach = Scale of breach x Severity of breach x Brand Governance x Systems x Monitoring Fines, reputational damage, litigation Technical measures = Demonstrable compliance, transparency, fast response
5 Ways to manage GDPR risk Risk Management Approach Avoid Mitigate Transfer Accept and insure Technical measures and approach Reduce data footprint Anonymisation Encryption Information Security Governance systems Monitoring Third-party development or hosting Risk register Governance systems Example Minimise the number of online applications and servers holding personal data. If personal data is held, then store it in encrypted form. Implement strong access control on online applications, keep good records of all personal data, have a DR plan, do regular testing and monitoring. Use a reputable company to develop/host your data/applications. Make sure they can demonstrate strong security and comply with standards. Nail everything down in the contact. Create a risk register. Decide what is cost effective to avoid/mitigate/transfer. Get insurance for the residual risk.
6 Do you know your data and risk profile? Organisations have 20x more cloud apps than they think An enterprise has 841 cloud apps in use on average 98% of cloud apps are not GDPR ready Symantex + Blue Coat Shadow Data Report, 1H 2016 If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. If you are a controller, you are not relieved of your obligations where a processor is involved the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR. Designed by Alvaro_cabrera, Freepik.com ICO website
7 Get data under proper management Business data creators and consumers IM CRM Other Extract, move, replicate Live data apps and environments Transparency Accountability Compliance Archive Audit trails Compliance assessments Disposal reports Risk profiles Retention holds and reviews Reporting Discovery and analytics Secure Storage Version of record Secure environment
8 GDPR Shock Scenario: Ransomware Web app attacks are the most common form of data breaches (40%) and 95% of web app breaches are financially motivated * 1. Secure your web apps! 2. Keep separate records and a fully managed copy of the personal data Quantify scale of the problem - know exactly what personal data is affected Baseline for disaster recovery check that nothing is lost or corrupted Contact data subjects quickly and notify ICO use records and check consent Minimise extent of unlawful processing unauthorised access yes, but not data loss Demonstrate governance record keeping, risk and breach assessment, PIA * Verizon 2016 Data Breach Investigations Report: incidents, 3141 breaches
9 New regulation, familiar systems GDPR Lawful processing Accountability Privacy by Design Subject Rights Consent Common Requirements Confidentiality Controlled access Authenticity Integrity Usability Retention Deletion Policies Procedures Supporting Systems Records Keeping Data Archiving Information Security Digital Preservation Risk Management Information Lifecycle Management (ILM) Logging and Monitoring
10 Three-stage technical approach to GDPR Data location, data type, data format, data apps, data safety, data security 1 Know your data Minimise data footprint and attack vectors, get data under proper management Management systems: data lifecycle, information security, record keeping 2 3 Reduce immediate Risks Governance and Privacy by Design
11 Phase 1: Know what you have Accountability Transparency Check for consent Supporting Technologies Data Discovery Privacy Impact Assessments Inventory of applications & services Data register Documented data flows Consent records Confidence in deleting data Digital Forensics Business Intelligence Databases Spreadsheets Sharepoint Check CSP contracts Convert for portability EDRMS Test security Fast, low cost response to subjects
12 Phase 2: Reduce immediate risks Accountability Transparency Isolate the personal part of data Supporting Technologies Privacy Impact Assessments Minimise processing by third-parties Access control Encryption Pseudoanonymisation Data minimisation Safe/secure storage Reduce impact of breaches Minimise data losses Privacy Enhancing Technologies (PET) Two factor authentication Security testing Backup and archive Data Warehouse Document Managememt Enforce data sovereignty Easier monitoring and detection
13 Phase 3: Governance and Privacy by Design Privacy Impact Assessments Proactive and preventative privacy Accountability Transparency Records Management ISMS Risk Register Data lifecycle policies Discovery and audit Monitoring Privacy across the full lifecycle Records of consent and processing Early detection of problems Retention policies and schedules Continual security review and improvement Supporting Technologies Risk Management Information Lifecycle Management Electronic Document and Record Management Systems (EDRMS) Compliance archiving Digital Preservation Platforms/Services Enterprise dashboards and logging
14 Example GDPR technical measures GDPR Requirement Lawful processing (no unauthorised access) Lawful processing (no loss, destruction, damage) Lawful processing (accurate and up-to-date ) Lawful processing (retained only if necessary) Accountability and Governance Consent Transfer Breach Notification Subject rights (informed, access, rectification, erasure, restrict, portability, objection). Technological Measures Access control, secure servers, encryption, pseudo-anonymisation, security testing. Access control, backups, archiving, tamper-proof storage, data integrity, disaster recovery. Version control, audit trails, digital signatures and fixity checks, tamper-proof systems. Record keeping, retention policies, assured deletion, audit trails, anonymisation. Systems for: records management, risk management, information security management Record keeping, audit trails, identifiers Restrict data locations, audit trails Access monitoring, intrusion detection, penetration testing. Cataloguing, search/indexing tools, records management, file format management
15 Example GDPR Data Lifecycle Arkivum GDPR module UC IM CRM Other Business Data Generators / Consumers GDPR Metadata Tagging Mediation Layer Enhanced Business Value Legal Justifications for storage, processing, retention and deletion rules Unified E- discovery File export Reporting Search Access control Pseudonymisation Design Certification Audit Trail
16 Summary Technical measures have an important role to play in GDPR Risk Management: reduce the chances, scale and severity of breaches Show you have proper processes and systems in place Don t re-invent the wheel, but instead look to what s already available GDPR requirements are shared with many other regulated sectors Suitable technology, techniques, tools and systems already exist Three stage approach Know what you have (data, apps, services, risks) Address the immediate risks and get data under proper management Implement systems to support governance and Privacy by Design
17 Thank you
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