Can’t make it up

Can’t make it up

A note on LinkedIn on why managements need IT usage policies to prove their compliance and to act legally and fairly towards their employees. I suggest that ISO27001 is useful as a technical standard and COBIT as an organisational one.

This was written in the light of a couple of cases I had to deal with as an accompanying rep. or as an advisor.

You can’t claim that users are not performing if you can’t prove the IT systems work as documented. You can’t pursue a conduct disciplinary against people operating a policy. You can’t fulfil FOI or SAR requests if the data retention policy is suspect. You can’t be sure that corruption has not occurred if there is inadequate segregation of duties.

Having policy will help the organisation answer the following questions. Is our software supported?  Why and how was that data deleted? What should be logged? Who has permission to read, amend and run these programs and/or this data? Are our vendors signed up to our IT security goals? Why do you not know this?

This is all defined in these standards, and the GDPR makes certification to good practice evidence of good will. ISO27001 and COBIT are the big boys in town to prove technical and organisational protection.

You can’t make it up anymore. …

Google, the GDPR and Brexit

Google, the GDPR and Brexit

Google are going to move their UK users data from Ireland to the USA. I wrote a little note on my linkedin blog. I headline it as

Google are moving UK data from Ireland to the US … what does this say about UK/EU/US dataflows and ompliance with the GDPR and the world’s data protection laws.

I also point out the need for robust legal redress to comply with the GDPR, which the UK and USA may not meet and that the UK will lose access to the US Privacy Shield arrangements. I note that the UK will lose its member state privileges and powers under the GDPR when the transition period ends and that RIPA 2016 and the immigration exception of the DPA 2018 may cause the Commission some problems with respect to “Adequacy”.

I note that model clauses and binding corporate rules will remain in place and I wonder if this is a business opportunity for a European based phone operating system author as people choose to withdraw from Android? Nokia? Canonical? …

Five steps to Compliance

As we entered the ground rush zone for the GDPR a number of organisations issued numbered guidance documents in preparation. I joined in and published a blog article on my linkedin blog called “Beyond Adequate Protection”. This had my five point list of tasks to be GDPR compliant. I summarise them here,

  1. Know and document your personal data catalogue and its lawful purpose
  2. Create an identity solution for your data subjects, so subject access requests can be fulfilled
  3. Build a record keeping solution
  4. Ensure that your incident management solutions are compliant
  5. Implement changes to the software development Life Cycle(SDLC) to include privacy impact assessments

The original article deals with these in a bit more detail but I finish by saying that it’s only this easy if your organisation already meets the need to provide adequate technical and organisational protection.

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Managing Compliance Software

Managing Compliance Software

I have just published on my linkedin blog a little essay on managing software used for the purpose of compliance. One key insight which one might consider is that these programs are being used because you have to not because you want to. Also society does not want businesses innovating the compliance software, we need to know it does what society requires not what the business wants. This makes the governing super strategy for these applications one of “operational efficiency”, or in Dan Remenyi’s model, a “support” system. For compliance systems it is advantageous to buy or adopt a package and to adopt the package’s optimum process; society has confidence that companies are complying with the law, and the companies share the maintenance costs and get a superior product and support. In some cases, the requirement that society has confidence that compliance is correct leads to the regulators giving companies the software or running it themselves.  …

Tory Conference Data Breach

Over the weekend, it seems to have been established that the Tory Party’s confence app suffers a major secutity flaw and that personal details of its users are available to all. While the BBC seem concerned that the ex-Foreign Secretary’s details are available, its of equal concern that all the journalists are also exposed. The maximum fine for any breach is €20m.

A further problem is that under the new laws, people who suffer a breach of rights no longer have to prove harm. This would seem to be a breach of rights and so will be treated at the serious end of the spectrum and there’s a low burden of proof.

Additionally I would add, this app It should have had a data privacy impact analysis and if deemed a high risk, permission needs to be sought from the ICO to deploy it.

The cyber-security controls should have been defined before and tested before and after the DPIA.

The Tories have 72 hours to notify the ICO of the breach and will need to consider remediation for each an every user impacted.

I am sure the ICO would not want the Tories to be their first case as they would like to have established a precedent based tariff; they wouldn’t want the governing party to be the precedent; expectations are that the ICO will be one of the more forgiving of the European data protection supervisory authorities. …

Professionally published again

Professionally published again

I have finally been published on my employer’s web site blog. The article, Conflicting Data Requirements: Privacy versus Transparency looks at the countervailing tendencies by governments legislating for citizen privacy and tax transparency. The article concludes with a series of technical challenges to meet the needs of both political initiatives. The article was syndicated on the Tabb Forum, and you can read that here. The article was originally provoked by a Gartner Press Release which suggests that location and the need for specific jurisdictional compliance will reduce as costs and …  …