Assessing the data privacy regulations and risks to which organizations are subject, including cloud services, is the first step before implementing remediation activities. It is necessary to have knowledge about the regulations that are subject in the sector or country. Some of these regulations are;
GDPR is the most well-known and referenced part of data privacy regulations. It regulates the collection, storage, processing and sharing of any personal data relating to an identified or identifiable natural person residing in the European Union (EU).
Adherence to standards such as ISO 27001 has been recognized by many European supervisory authorities as a viable approach across the spectrum of people, processes and technology. Standards that state that they overlap with and adhere to ISO-27001 guided protection mechanisms may be considered to have fulfilled certain confidentiality obligations in certain circumstances.
KVKK (Law on the Protection of Personal Data in Turkey) and other important data privacy regulations also specify the requirements for the processing of personal data. In the United States, these include the California Consumer Protection Act (CCPA), HIPAA-HITECH (United States Health Care Privacy Act), and the Graham Leach Bliley Act (GLBA). Additional state-specific regulations are also in place or under development. Examples around the world include Germany’s National GDPR Enforcement Act (BDSG), Brazil’s Data Protection Act (LGPD).
The areas where different types of user data interact with systems inside and outside the organization are important factors that can affect overall personal data protection strategies, subject to applicable industry and legal regulations. Strategies cover where personal data is stored, what type it is, how much of it is available and under what conditions it is collected.
Data also changes shape over time as it is processed and derived. It is not enough to determine the initial state of the data. Data needs to be handled in an ongoing process to be determined. This is one of the biggest challenges for large organizations that process significant amounts of personal data. Organizations that do not address the “Know Your Data” issue are potentially at very high risk and could face possible fines from regulatory agencies.
Compliance with data privacy regulations cannot be followed by general approaches to where data may exist now or in the future. In accordance with data privacy regulations, organizations must prove that they constantly know where the personal data is.
It is necessary to measure exposure to data privacy risk by depending on the type of personal data, where it is stored, what protective controls are in place, how its lifecycle is managed and who has access to the data.
Organizations often have established processes, procedures, retention and deletion schedules for removing user accounts, disabling mailboxes – personal drives, and changing the status of employees on systems if a person leaves an organization. In the case of a lawsuit, an employee or a legal investigating party may have valid reasons to obtain information about the personal data stored in the organization’s systems. In some cases, the party may request removal or anonymization of such data.
The collection of business information also involves different challenges, organizations need to keep records of customer names and transactions in their various systems for business continuity purposes. This information also needs to be protected from accidental or malicious data leaks. Like employee data, organizations must have policies, procedures, and technical controls to protect such data, and this data must be processed according to defined retention and deletion plans.
Understanding of risk exposure and data privacy regulations is an important step in understanding Privacy Risks and Compliance fundamentals.
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