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The Data Protection Officer’s (DPO’s) Toolkit – The 6 Essentials

The Data Protection Officer’s (DPO’s) Toolkit

2018 saw the General Data Protection Regulations (GDPR) in Europe, California Consumer Privacy Act (CCPA) in America, and the Personal Data Protection Bill (PDPB) in India introduce privacy protections to nearly 2 billion citizens.

With enforcement set to take centre stage in 2019, what essentials do data leaders need to keep themselves out of the crossfires of regulators?

6 Essentials of the DPO’s Toolkit

1. Data inventory
2. Data monitoring
3. Data rights fulfilment
4. Data champions
5. Data training
6. Data security

1. Data inventory

The first step to taking control of your data is being able to answer ‘what data do I have?’ ‘why do I have it?’ ‘who can process it?’ ‘where is it stored?’ ‘how and when do I delete it?’

Creating an inventory of all of your data processes is the first step for any DPO needing to comply with global privacy legislations (and mandatory under the GDPR Article 30 Records of Processing Activity).

Discover and document your organisations’ data practices; this will give you the best possible platform to comply with global privacy regulations and get the most value from your data.

2. Data monitoring

So you’ve documented your data practices, but is that really how data is being processed on your network – Is your data inventory reflective of your true data practices?

The answer is usually no. Luckily, the days of manual data audits and ‘privacy compliance platforms’ with no data monitoring capabilities are over and cutting edge data discovery and compliance technologies like Exonar are now available.


By monitoring your data estate you can make sure your marketing leads stay in your marketing department, your payroll files stay within your payroll department, and your Top Secret Project X documents remain exactly where you want them to be.

3. Data Rights Fulfilment

2019 is the year citizens take back control of their data.

Personal information belongs to the individual it relates to and organisations are required to provide full access to that data upon request under the GDPR in Europe (within 30 days) and CCPA in
America (within 45 days). In Europe 48% of Generation X and Y have exercised their right to access with over a third of all European citizens having done so since May 2018.

As a data leader, you must have a permanent and robust process in place for being able to respond to subject access requests (SARs), detailing the personal information you are processing and what you are using it for.

Subject Access Requests (SARs) can take days to fulfil if you are relying on manual data discovery so employing a data discovery tool to help you can reduce your SAR response time from days to minutes.

4. Data Champions

Data is big and it’s only getting bigger. A DPO is (for now) only human and keeping your data estate in compliance is only possible with a little help from some friends.

Once you’ve got your data inventory you should have a good understanding of your business units that have data processes that fit into natural silos e.g. Sales, HR, Legal, Payroll, Customer Services, Operations A, Operations B.

Assign a data champion for each business process, ensure they understand what the data inventory says about expected data practices, and empower your data champions with the resources needed to keep your data estate in compliance.

Data champions within their business units will often understand the nuances of data processing in more detail than a DPO so delegation of responsibility is key.

5. Data Training

Data protection is a collective action problem. If you have thousands of employees it only takes a small number of bad practices to throw your compliance programme into disarray.

If you have a strong handle on your data inventory, are monitoring your data repositories, and have data champions willing to help you, delivering an organisation wide training programme to communicate expected data practices is the way to embed a culture of privacy into your organisation and reduce your exposure to insider breaches.

As with most leadership, communication is key!

6. Data security

So you understand your information estate and your employees are doing their utmost to process data appropriately; now it’s time to lock down your high risk systems.


Your data inventory and data champions should be able to give you a clear view of the IT systems (and locked filing cabinets) that store and process your most valuable data.

Identify your high, medium and low risk IT systems/applications/shared drives/data repositories/locked filing cabinets, communicate those risks to your information security team, and seek assurance that cyber security controls are in place that are proportionate to the sensitivity of the data processes.

 

Embracing the crossover between data privacy and cyber security will best allow you to demonstrate that you have adopted data protection practices that are proportionate and appropriate for your organisation.


With these 6 tools you will be in an excellent position to navigate the data privacy landscape in 2019 and beyond.

 

Trump, Brexit, Cambridge Analytica – Global Data Privacy Regulations

Privacy legislation advanced leaps and bounds in 2018 with Europe (GDPR), California (CCPA) and India (PDPB) pioneering the way for privacy protection for their citizens.

For many organisations, 2018 was the year that ‘data privacy’ became the two most cumbersome words in the professional lexicon.To comply with new legislation, organisations assessed their data practices and ability to protect citizens’ privacy rights in accordance with new legislations. With GDPR fines of up to €20m or 4% global turnover, 2018 was the year that businesses started taking data privacy seriously.

2018 Key Privacy Events

Europe and the GDPR – May 2018

Europe implemented the GDPR in May 2018 providing European residents the right to access and erase their personal information upon request, whilst mandating organisations to report security breaches to affected citizens.

In the UK, reporting of data breaches to the Information Commissioner’s Office (ICO) increased by 260% in the three months after May 2018 compared to the same three months in 2017; a remarkable cultural change in identifying and reporting data breaches.

The ICO also levied its first successful fine against AIQ, the Canadian data firm linked to Cambridge Analytica, before levying another fine against Cambridge Analytica itself for failing to comply with a data subject access request (SAR) from Professor David Carroll.

Key Privacy Trigger:

Cambridge Analytica, Brexit and Trump – 87 million US and UK citizens were psychologically profiled and micro targeted with political messaging and misinformation to influence the Brexit and Trump vote. There are 11 ongoing criminal enquiries into breaches of electoral law in the UK and illegal data practices are the cornerstone of those investigations. These investigations will escalate and conclude in 2019 heightening citizens’ understanding of how their privacy rights were abused.

USA and the California Consumer Privacy Act (CCPA) – July 2018

California announced the incoming CCPA which will come into effect on January 1st 2020. The CCPA provides similar rights to access and erasure as the GDPR, and also requires organisations to disclose which third parties they buy and sell personal data from upon request.

The CCPA has led to New York following suit with data privacy regulation of its own, and there are talks of federal privacy law being developed in 2019 as the complexity of state-by-state data privacy laws seem too impractical to overcome. This point was made clear after the two largest American data breaches of 2018 affected Americans across all 50 states.

  • Exactis – 340 million records breached
  • Marriott Hotels – 323 million records breached

Key Privacy Trigger: California Consumer Privacy Act and the right for Americans to sue

The CCPA provides California residents with a private right of action, allowing individuals to pursue their own lawsuits against organisations (rather than waiting for regulatory enforcement action). Individuals can enact this right when a breach occurs due to a demonstrable lack of appropriate security controls.

In the USA, a litigious society, we can expect the individual right to sue to drive interest in data privacy rights at a quicker rate than in the build up to the GDPR, which will in turn lead to federal calls for those same data privacy rights.

India and the Personal Data Protection Bill (PDPB) – September 2018

6 months after the Indian national identity system was breached exposing the data of 1.1 billion Indians, India announced their personal data protection bill. Openly modelled on the GDPR, the PDPB gives Indian citizens rights to access, erasure and the right to report breaches to a new Indian data protection authority (DPA) that will also have the power to influence rulemaking (unlike the ICO in the UK) and levy hefty fines.

The PDPB will also include sectoral consideration vis-a-vis the CCPA, and include provisions for national security concerns similar to the Chinese data protection regulations (CDPR).

Key Privacy Trigger – Aadhar Data Breach

In March 2018 a breach of India’s national identity database left personal and biometric information of 1.1 billion Indians exposed. The data was of sufficient detail to open bank accounts, enrol in state financial programmes and register SIM cards, sparking a nationwide debate on data privacy, national security and a 6 month turnaround to announcing the PDPB.

What to Look For in 2019

  1. Public outrage at AI’s abilities to psychologically profile and microtarget citizens in real time

The investigations into AIQ/SCL/Cambridge Analytica’s role in both Brexit and Trump campaigns will escalate through 2019. As indictments are served in relation to data crimes, the public will develop an understanding of how AI algorithms psychologically profile and microtarget them in real time.

The focus on authoritarian regimes’ use of these data practices to suppress opposition via social media platforms will come under specific scrutiny. This will lead to a strengthening of the political movements calling for AI transparency and major regulatory reform for big tech and microtargeting data practices.

  1. Big Tech vs Regulators battle it out over US federal privacy law

The fight over details of the CCPA are ongoing and we can expect the lobbyists of Google, Amazon, Facebook and Apple to continue actively resisting tighter regulation at each opportunity. We can expect pushbacks on citizens rights to access data, a sparking of a conversation surrounding consent for data usage, and an attempt by journalists to reveal the network of third party data analytics firms who would be the worst violators of new data privacy laws.

  1. The first £100m GDPR fine?

It is difficult to understand the privacy impact of a data breach, especially when the number of citizens affected runs into the hundreds of millions. These are numbers too large for individuals to comprehend but the privacy impacts will be accounted for by regulators in the form of mega fines in 2019.

The maximum fine for Facebook under the GDPR is an approximated $1.6bn and with investigators across the world scrutinising the data practices of multiple technology companies, 2019 could be the year of the first truly eye-watering fine.

Aviate, Navigate, Communicate – Concord Compliance post-GDPR

2018 has been a horror for aviation and data breaches. British Airways, Cathay Pacific, Air Canada, Delta Airlines and Arik Air all fallen victim to major data breaches. In the case of British Airways, a 15-day cyber attack in July compromised 244,000 credit card details. The breach sparked a criminal inquiry by the National Crime Agency (NCA) and BA now faces a maximum fine of nearly £500 million, with the Information Commissioner’s Office (ICO) investigating the incident.

Why is aviation a high risk sector?

Airlines, airports and their service providers process millions of passenger, crew and employee information, customer lists, details of business contacts and sensitive business information across hundreds of jurisdictions. The complex and international nature of aviation and the detailed nature of the personal data required to participate, often across national borders, make aviation an attractive target to attackers, and a difficult one to defend by security professionals.

How should Data Protection Officers react?

According to the Federal Aviation Agency, pilots are given the following priorities: Aviate, Navigate, Communicate. Data Protection programmes within aviation can be analogously prioritised in the same way:

Aviate

“The top priority — always — is to aviate. That means fly the airplane by using the flight controls and flight instruments to direct the airplane’s attitude, airspeed and altitude. The instruments directly in front of the pilot provide important information on how well the pilot is doing with respect to basic aircraft control”

For a Data Protection Officer, basic aircraft control means being able to answer: ‘What data do I have? Where is it? Who has access to it? How is it secured?’. With an oversight of data, DPOs can then start to develop insight.

For that initial oversight, data discovery technology is being turned to as the answer. According to the 2018 EY-International Association of Privacy (IAPP) Information Governance report:

  • Amongst companies preparing for GDPR, 57% are investing in technology in 2018, up from 27% in 2016.
  • 68% of programme leaders now say data inventory and mapping is a priority, up from 48% in 2016.

As the aviation industry comes under increasing scrutiny for the security of its data practices, the minimum that is expected is for those at the helm to have an accurate oversight of their data.

Navigate

Figure out where you are and where you’re going. Turn oversight into insight.

For data protection officers, navigation is about understanding where privacy risk lies, and what needs to be done to mitigate it. Is it in the sales and marketing platform with 8 million passengers? The HR department with the pilots’ files? The partnership programme with the right to work documentation?

Understanding privacy risk means understanding the context of data. To do this, DPOs need to ensure that the uses of data are legitimate, that the reasons for processing are documented, and that the processes are mapped and understood.

  • 68% of programme leaders now say data inventory and mapping is a priority, up from 48% in 2016.

By mapping the business process, DPOs can develop a real, intuitive understanding of where privacy risk lies in the organisation, mapped to a business process that is described in language that the rest of the organisation can understand.

Communicate

Make sure your passengers are aware of standard safety procedures and know what to do in the event of an emergency landing.

Once you’ve mapped your data to your business processes, you can articulate expected data practices for each of those processes, allowing you to deliver tailored training for data protection for your different sets of employees.

The better the oversight and insight into the data estate by the DPO, the better communicated the messages for data protection will be.

In 2018, periodic training and manual data audits have their limits. With new solutions available, creating rules within a data discovery technology to automatically monitor for acts of non-compliance is the way to give the DPO the level of oversight and insight needed to best protect data.

For concord compliance: aviate, navigate, communicate.

John Tsopanis
Data and Privacy Director, Exonar

The Era of the Technology Enabled DPO has Begun

Confucius once said ‘Life is really simple, but we insist on making it complicated.’ One can only imagine Confucius’ reaction to a roundtable with a DPO, CISO and CIO in 2018. ‘You connected what, why?’ ‘You understand this behaviour, how?’ ‘Robots are storing information, why, how and where?’

Staring bleary-eyed back at Confucius the tech leaders might retort, ‘We aren’t making it complicated, we are the ones managing complexity.’

Herein lies the reality for the technology leader in 2018; the advance of technology lies outside of our control, and like the frog in the boiling pot, the heat to protect critical data is starting to bubble, with little support for upgrading the more resistant capabilities of those who find themselves in the pot.

In a search for that extra protection, DPOs in particular are turning to technology, and here’s how.

The Era of the Technology Enabled DPO has Begun

The 2018 EY-International Association of Privacy (IAPP) study showed that 56% of businesses believe they are not entirely GDPR compliant with 20% of businesses believing full compliance is impossible.

To understand how DPOs are turning to technology to close the compliance gap, let’s look at how spending on data privacy/GDPR compliance has changed over the past few years.

The EY-IAPP report has a few telling statistics in this regard:

  • Amongst companies preparing for GDPR 57% are investing in technology in 2018, up from 27% in 2016.
  • 68% of programme leaders now say data inventory and mapping is a priority, up from 48% in 2016.
  • IT and Information Security are now responsible for housing 30% of GDPR/information governance programmes up from 14% in 2016.
  • Right to Be Forgotten and Subject Access Requests were voted the two most difficult GDPR obligations to fulfil. Both currently rely on manual data discovery processes across multiple applications and platforms.

The observed compliance gap, alongside the shift away from human-resource spending to technology spending, suggests that the problem of data discovery, compliance and security is one whose solution supersedes the capabilities of even the best-intentioned human resources.

At the same time the number of DPOs are on the rise, with DPO vacancies up a staggering 700% from 2 years ago.

We can learn two things from this:

  • Data Protection Officers are turning to technology to help discover and protect data
  • Despite the increase in technology uptake, the human role of directing technology is more important and involved than ever.

And so the era of the technology enabled DPO has begun. Fortunately, technology for DPOs seeks for the most part to automate manual process, making the marriage between humans and tech in data protection truly Cyborgian in nature.

This marriage should seem intuitive as the first role of any newly appointed DPO is to answer, ‘What data do I have? Where is it? Who has access to it? How is it secured?’. It’s unrealistic for Data Protection Officers to be literally hands-on with data in 2018 hence smart data discovery and control tools coming to the fore.

So what technology solutions can help?

Data discovery and compliance technologies like Exonar in the UK have emerged in the past 18 months with plug in and play solutions for automated enterprise data discovery where previously none existed. The solutions discover data automatically to create accurate, real-time, classified inventories of information that allow DPOs to see a full breakdown of data and its sensitivity across an organisation, enabling DPOs to govern and protect data effectively.

Through the marriage of DPOs and data discovery technologies, data protection programmes can instantly become much more achievable, accurate, and less work for those involved. The era of the technology enabled DPO has begun.

https://iapp.org/media/pdf/resource_center/IAPP_EY_Gov_Report_2018.pdf

John Tsopanis
Data and Privacy Director, Exonar