Category Archives: Compliance & Regulation

[Video] Varonis GDPR Risk Assessment

[Video] Varonis GDPR Risk Assessment

Are you ready for GDPR? According to our survey of 500 IT and risk management decision makers, three out of four are facing serious challenges in achieving compliance when GDPR becomes effective on May 25 2018. Varonis can help.

A good first step in preparing for GDPR is identifying where EU personal data resides in the file system, and then checking that access permissions are set appropriately. But wait, EU personal data identifiers span 28 member countries, encompassing different formats for license plate numbers, national id cards, passport ids, bank accounts, and more.

That’s where our GDPR Patterns can help! We’ve researched and hand-crafted over 150 GDPR classification expressions to help you discover the EU personal data in your systems, and analyze your exposure.

To learn more, watch this incredibly informative video and sign up today for our GDPR Risk Assessment.

 

Do Your GDPR Homework and Lower Your Chance of Fines

Do Your GDPR Homework and Lower Your Chance of Fines

Advice that was helpful during your school days is also relevant when it comes to complying with the General Data Protection Regulation (GDPR): do your homework because it counts for part of your grade! In the case of the GDPR, your homework assignments involve developing and implementing privacy by design measures, and making sure these policies are published and known about by management.

Taking good notes and doing homework assignments came to my mind when reading the new guideline published last month on GDPR fines. Here’s what the EU regulators have to say:

Rather than being an obligation of goal, these provisions introduce obligations of means, that is, the controller must make the necessary assessments and reach the appropriate conclusions. The question that the supervisory authority must then answer is to what extent the controller “did what it could be expected to do” given the nature, the purposes or the size of the processing, seen in light of the obligations imposed on them by the Regulation’

The supervising authority referenced above is what we used to call the data protection authority or DPA, which is in charge of enforcing the GDPR in an EU country. So the supervising authority is supposed to ask the controller, EU-speak for the company collecting the data, whether they did their homework — “expected to do” — when determining fines involved in a GDPR complaint.

Teachers Know Best

There are other factors in this guideline that affect the level of fines, including the number of data subjects, the seriousness of the damage (“risks to rights and freedoms”), the categories of data that have been accessed, and willingness to cooperate and help the supervisory authority. You could argue that some of this is out of your control once the hackers have broken through the first level of defenses.

But what you can control is the effort a company has put into their security program to limit the security risks.

I’m also reminded of what Hogan Lovells’ privacy attorney Sue Foster told us during an interview about the importance of “showing your work”.  In another school-related analogy, Foster said you can get “partial credit” if you show that to the regulators after an incident that you have security processes in place.

She also predicted we’d get more guidance and that’s what the aforementioned document does: explains what factors are taken into account when issuing fines in GDPR’s two-tiered system of either 2% or 4% of global revenue. Thanks Sue!

Existing Security Standards Count

The guideline also contains some very practical advice on compliance. Realizing that many companies are already rely on existing data standards, such as ISO 27001, the EU regulators are willing to give some partial credit if you follow these standards.

… due account should be taken of any “best practice” procedures or methods where these exist and apply. Industry standards, as well as codes of conduct in the respective field or profession are important to take into account. Codes of practice might give indication of the level of knowledge about different means to address typical security issues associated with the processing.

For those who want to read the fine print in the GDPR, they  can refer to article 40 (“Codes of Conduct”). In short it says that standards associations can submit their security controls, say PCI DSS, to the European Data Protection Board (EDPB) for approval. If a controller then follows an officially approved “code of conduct”, then this can dissuade the supervising authority from taking actions, including issuing fines, as long as the standards group — for example, the PCI Security Standards Council — has its own monitoring mechanism to check on compliance.

Based on this particular GDPR guideline, it will soon be the case that those who have done the homework of being PCI compliant will be in a better position to deal with EU regulators.

Certifiably GDPR

The GDPR, though, goes a step further. It leaves open a path to official certification of a controller’s data operations!

In effect, the supervising authorities have the power (through article 40) to certify a controller’s operations as GDPR compliant. The supervising authority itself can also accredit other standards organization to issue these certifications as well.

In any case, the certifications will expire after three years at which point the company will need to re-certify.

I should add these certifications are entirely voluntary, but there’s obvious benefits to many companies. The intent is to leverage the private sector’s existing data standards, and give companies a more practical approach to compliance with the GDPR’s technical and administrative requirements.

The EDPB is also expected to develop certification marks and seals for consumers, as well as a registry of certified companies.

We’ll have to wait for more details to be published by the regulators on GDPR certification.

In the short term, companies that already have programs in place to comply with PCI DSS, ISO 27001, and other data security standards should potentially be in a better position with respect to GDPR fines.

And in the very near future, a “European Data Protection Seal” might just become a sought after logo on company web sites.

Want to reduce your GDPR fines? Varonis helps support many different data security standards. Find out more!

[Podcast] Privacy Attorney Tiffany Li and AI Memory, Part II

[Podcast] Privacy Attorney Tiffany Li and AI Memory, Part II

This article is part of the series "[Podcast] Privacy Attorney Tiffany Li and AI Memory". Check out the rest:

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Tiffany C. Li is an attorney and Resident Fellow at Yale Law School’s Information Society Project. She frequently writes and speaks on the privacy implications of artificial intelligence, virtual reality, and other technologies. Our discussion is based on her recent paper on the difficulties of getting AI to forget.

In this second part, we continue our discussion of GDPR and privacy, and examine ways to bridge the gap between tech and law. We then explore some cutting edge areas of intellectual property. Can AI algorithms own their creative efforts? Listen and learn.

IT Guide to the EU GDPR Breach Notification Rule

IT Guide to the EU GDPR Breach Notification Rule

Index

The General Data Protection Regulation (GDPR) is set to go into effect in a few months — May 25 2018 to be exact. While the document is a great read for experienced data security attorneys, it would be nifty if we in the IT world got some practical advice on some of its murkier sections — say, the breach notification rule as spelled out in articles 33 and 34.

The GDPR’s 72-hour breach notification requirement is not in the current EU Directive, the law of the land since the mid-1990s. For many companies, meeting this tight reporting window will involve their IT departments stepping up their game.

With help from a few legal experts — thanks Sue Foster and Brett Cohen — I’ve also been pondering the language in the GDPR’s notification rule. The key question that’s not entirely answered by GPDR legalese is the threshold for reporting in real-world scenarios.

For example, is a ransomware attack reportable to regulators? What about email addresses or online handles that are exposed by hackers?

Read on for the answers.

Personal Data Breach versus Reportable Breach

We finally have some solid guidance from the regulators. Last month, the EU regulators released some answers for the perplexed, in a 30-page document covering guidelines  on breach notification – with bonus tables and flowcharts!

To refresh fading memories, the GDPR says that a personal data breach is a breach of security leading “to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.”

This is fairly standard language found in any data privacy law — first define a data breach or other cybersecurity event. This is what you’re supposed to be protecting against — preventing these incidents!

There’s also additional criteria for deciding when regulators and consumers have to be notified.

In short: not every data security breach requires an external notification!

This is not unusual in data security laws that have breach report requirements. HIPAA at the federal level for medical data and New York State’s innovative cyber rules for finance make these distinctions as well. It’s a way to prevent regulators from being swamped with breach reports.

In the case of the GDPR, breaches can only involve personal data, which is EU-speak for personally identifiable information or PII. If your company is under the GDPR and it experiences an exposure of top-secret diagrams involving a new invention, then it would not be considered a personal data breach and therefore not reportable. You can say the same for stolen proprietary software or other confidential documents.

Notifying the Regulators

Under the GPDR, when does a company or data controller have to report a a personal data breach to the local supervising authority – what we used to call the local data protection authority or DPA in the old Directive?

This is spelled out in article 33, but it’s a little confusing if you don’t know the full context. In essence, a data controller reports a personal data breach — exposure, destruction, or loss of access—if this breach poses a risk to EU citizens “rights and freedoms”.

These rights and freedoms refer to more explicit property and privacy rights spelled out in the EU Charter of Fundamental Rights — kind of the EU Constitution.

I’ve read through the guidance, and just about everything you would intuitively consider a breach — exposure of sensitive personal data, theft of a device containing personal data, unauthorized access to personal data — would be reportable to regulators.

And would have to be reported within 72-hours! It is a little more nuanced and you have some wiggle room, but I’ll get to that at the end of this post.

The only exception here is if the personal data is encrypted with state of the art algorithms, and the key itself is not compromised, then the controller would not have to report it.

And a security breach that involves personal data, as defined by the EU GDPR, but that doesn’t reach the threshold of “risks to rights and freedoms”?

There’s still some paperwork you have to do!

Under the GDPR, every personal data breach must be recorded internally: “The controller shall document any personal data breaches, comprising the facts relating to the personal data breach”— see Article 33(5).

So the lost or stolen laptop that had encrypted personal data or perhaps an unauthorized access made by an employee — she saw some customer account numbers by accident because of a file permission glitch — doesn’t pose risks to rights and freedoms but it would still have to be documented.

There’s a good Venn diagram hidden in this post, but for now gaze upon the flowchart below.

Not as beautiful as a Venn diagram but this flowchart on GDPR breach report will get you the answers. (Source: Article 29 Working Party)

Let’s look at one more GDPR reporting threshold scenario involving availability or alteration of personal data.

Say EU personal data becomes unavailable due to a DDoS attack on part of a network or perhaps it’s deleted by malware but there is a backup, so that in both cases you have a loss albeit temporary — it’s still a personal data breach by the GDPR’s definition.

Is this reportable to the supervising authority?

It depends.

If users can’t gain access to say their financial records for more than a brief period, maybe a day or two, then this would impact their rights and freedoms. This incident would have to be reported to the supervising authority.

Based on the notes in the guidance, there’s some room for interpreting what this brief period would be. You’ll still need, though, to document the incident and the decision making involved.

Breach Notification and Ransomware

Based on my chats with GDPR experts, I learned there was uncertainty even among the legal eagles whether a ransomware attack is reportable.

With the new guidance, we now have a clearer answer: they actually take up ransomware scenarios in their analysis.

As we all know, ransomware encrypts corporate data for which you have to pay money to the extortionists in the form of Bitcoins to decrypt and release the data back to its plaintext form.

In the GDPR view, as I suggested above, ransomware attacks on personal data are considered a data loss. When does it cross the threshold and become a reportable data breach?

According to the examples they give, it would be reportable under two situations: 1) There is a backup of the personal data but the outage caused by the ransomware attack impacts users; or 2) There is no backup of the personal data.

In theory, a very short-lived ransomware attack in which the target recovery quickly is not reportable. In the real world where analysis and recovery takes significant time, most ransomware attacks would effectively be reportable.

Individual Reporting

The next level of reporting is a personal data breach in which there is a “high risks to the rights and freedoms.” These breaches have to reported to the individual.

In terms of Venn diagrams and subsets, we can make the statement that every personal data breach that is individually reported also has to be reported to the supervising authority. (And yes, all Greeks are men).

When does a personal breach reach the level of high risks?

Our intuition is helpful here, and the guidelines list as examples, personal data breaches that involve medical or financial (credit card or bank account numbers).

But there are other examples outside the health and banking context. If the personal data breach involves name and address of customers of a retailer who have requested delivery while on vacation, then that would be a high risk, and would require the individuals to be contact.

A breach of contact information alone — name, address, email address, etc — alone may not necessarily require notification. But would require the supervising authority and individual to be informed if a large number of individual are affected! According to the guidelines, size does matter. So a Yahoo-level exposure of email addresses would lead to notifications.

The guidelines make a point that if this contact information includes other sensitive data — psychological, ethnic, etc. — then if would be reportable regardless of the number of individuals affected.

Note: a small breach of emails without other confidential information is not reportable. (Source:Article 29 Working Party)

Or if the contact information, email addresses say, are hacked from a children’s website and therefore the group is particularly vulnerable, then this would constitute a high risk and a notification to the individuals involved.

Breach Notification in Phases

While the 72-hour GDPR breach notification rule was somewhat controversial, it’s actually more flexible once you read the fine print.

The first key point is that the clock starts ticking after the controller becomes aware of the personal data breach.

For example, suppose an organization detect a network intrusion from an attacker. That 72-hour window does not start at this point.

And then there’s an investigation to see if personal data was breach. The clock still doesn’t start. When the IT security team discovers with reasonable certainty that there has been a personal data breach, then the clock starts!

When notifying the supervising authority, the data controller can do this in phases.

It is perfectly acceptable to notify the supervising initially when there has been discovery (or the likelihood) of a personal data breach and to tell them that more investigation is required to obtain details — see Article 33(4). This process can take more than 72-hours, and is allowed under the GDPR.

And if turns out to be a false alarm, they can ask the supervising authority to cancel the notification.

For personal data breaches in which it is discovered there is a high risk to individual, the notification to affected “data subjects” must be made without “undue delay”— see Article 34(1). The objective is to inform consumers about how they’ve been affected and what they need to take to protect themselves.

Notification Details

This leads to the final topic in this epic post: what do you tell the supervising authority and individuals?

For supervising, here’s the actual language in Article 33:

  • Describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
  • Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
  • Describe the likely consequences of the personal data breach;
  • Describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Note the requirement to provide details on the data categories and approximate number of records involved.

The supervising authority can, by the way, request additional information. The above list is the minimum that the controller has to provide.

When notifying individuals (see Article 34), the controller also has to offer the following:

  • a description of the nature of the breach;
  • the name and contact details of the data protection officer or other contact point;
  • a description of the likely consequences of the breach; and
  • a description of the measures taken or proposed to be taken by the controller to address the breach, including, where appropriate, measures to mitigate its possible adverse effects.

The GDPR prefers that the controller contact affected individuals directly – rather than through a media broadcast.  This can include email, SMS text, and snail mail.

For indirect mass communication, prominent banners on web sites, blog posts, or press releases will do fine.

The GDPR breach notification guidelines that were released last month is about 30 pages. As an IT person, you will not be able to appreciate fully all the subtleties.

You will need an attorney—your corporate counsel, CPO, CLO, etc.—to understand what’s going with this GDPR breach  guideline and other related rules.

That leads nicely to this last thought: incident response to a breach requires combined efforts of IT, legal, communications, operations, and PR, usually at the C-level.

IT can’t do it alone.

The first step is to have an incident response plan.

A great resource for data security and privacy compliance is the International Association of Privacy Professionals (IAPP) website: https://iapp.org/ .

The IAPP also have a incident response toolkit put together by our attorney friends at Hogan Lovells. Check it out here.

GDPR By Any Other Name: The UK’s New Data Protection Bill

GDPR By Any Other Name: The UK’s New Data Protection Bill

Last month, the UK published the final version of a law to replace its current data security and privacy rules. For those who haven’t been following the Brexit drama now playing in London, the Data Protection Bill or DPB will allow UK businesses to continue to do business with the EU after its “divorce” from the EU.

The UK will have data rules that are effectively the same as the EU General Data Protection Regulation (GDPR), but it will be cleverly disguised as the DPB.  Jilted lovers, separations, false identities … sounds like a real-life Shakespearean comedy (or Mrs. Doubtfire).

For businesses that have to accommodate the changes, it’s anything but.

In the Short Term

As it currently stands, the UK is under the EU’s Data Protection Directive (DPD) through its 1998 Data Protection Act or DPA, which in EU-speak “transposes” or copies the DPD into a national law. Come May 2018, the UK will fall under the GDPR, which has as a goal to harmonize  all the separate national data security laws, like the UK’s DPA, into a single set of rules, and to put in a place a more consistent enforcement structure.

Between May 2018 and whenever the UK government officially enacts the DPB, the GDPR will also be the data security and privacy law for the UK. The DPB is expected to become law before Brexit, which is schedule to occur on March 2019.

Since the GDPR will soon be the data security and privacy law in the UK, replacing the DPA, organizations have been gearing up to meet the new rules – especially, the right to erasure, 72-hour breach notification to authorities, and improved record keeping of processing activities. The DPB should, in theory, provide a relatively easy transition for UK businesses.

A Few Differences

As many commenters have pointed out (and to which I can personally attest), the DPB is not a simple piece of legislation — though you’d think it would be otherwise. The Bill starts with the premises that the GDPR rules apply to the UK, so it doesn’t even copy the actual text.

So what takes up the rest of this 200-page bill?

A good part is devoted to exemptions, restrictions, clarifications that are allowed by the GDPR and which the UK DPB takes full advantage of in the fine print

The core of the bill is found in Part 2, wherein these various tweaks — for personal data related to health, scientific research, criminal investigations, employee safety, and public interest — are laid out. The actual details — lawyers take note — is buried at the end of the DPB in a long section of “schedules”.

For example, GDPR articles related to the right to erasure, data rectification, and objection to processing don’t apply to investigations into, say, financial mismanagement or public servants misusing their office. In effect, the targets of an investigation lose control of their data.

The DPB is also complex because it contains a complete parallel set of GDPR-like security and privacy rules for law enforcement and national security services. The DPB actually transposes another EU directive, known as the EU Data Protection Law Enforcement Directive. There is also a long list of exceptions packed into even more schedules and tables at the end of document.

While the goal of Brexit may have been to get out from under EU regulations, the Data Protection Bill essentially keeps the rules in place, and gives us a lot of abbreviations to keep track of.

Business Beware: ICO’s New Audit Powers

However, it doesn’t mean there aren’t any surprises in the new UK law.

The DPB grants regulators at the UK’s Information Commission’s Office (ICO) new investigative powers through “assessment notices”. These notices allows the ICO staff to enter the organization, examine documents and equipment, and observe processing of personal data. Effectively, UK regulators will have the ability to audit an organization’s data security compliance.

Under the existing DPA, the ICO can order these non-voluntary assessments only against government agencies, such as the NHS. The DBP expands mandatory data security auditing to the private sector.

If the ICO decides the organization is not meeting DPD compliance, these audits can lead to enforcement notices that point out the security shortcomings along with a schedule of when they should be corrected.

The actual teeth in the ICO’s enforcement is their power to issue fines of up 4% of an organization’s worldwide revenue. It’s the same level of monetary penalties as in the original GDPR.

In short: the DPB is the GDPR, and smells as sweet.

For UK companies (and UK-based multinationals) that already have security controls and procedures in place — based on recognized standards like ISO 27001 — the DPB’s rules should not be a difficult threshold to meet.

However, for companies that have neglected basic data governance practices, particularly for the enormous amounts of data that are found in corporate file systems, the DPD will come as a bit of a shock.

CSOs, CIOs, and CPOs in these organizations will have to ask this question: do we want to conduct our own assessments and improve data security or let the ICO do it for us?

I think the answer is pretty obvious!

The Right to Be Forgotten and AI

The Right to Be Forgotten and AI

One (of the many) confusing aspects of the EU General Data Protection Regulation (GDPR) is its “right to be forgotten”. It’s related to the right to erasure but takes in far more ground. The right to have your personal deleted means that data held by the data controller must be removed on request by the consumer. The right to be forgotten refers more specifically to personal data the controller has made public on the Intertoobz.

Simple, right?

It ain’t ever that easy.

I came across a paper on this subject that takes a deeper look at the legal and technical issues around erasure and “forgetting”. We learn from the authors that deleting means something different when it comes to big data and artificial intelligence versus data held in a file system.

This paper contains great background on the recent history of the right to be forgotten, which is well worth your time.

Brief Summary of a Summary

Way back in 2010, a Mr. Costeja González brought a complaint against Google and a Spanish newspaper to Spain’s national Data Protection Authority (DPA). He noticed that when he entered his name into Google, the search results displayed a link to a newspaper article about a property sale made by Mr. González to resolve his personal debts.

The Spanish DPA dismissed the complaint against the newspaper —they had legal obligation to publish the property sale. However, the DPA allowed the one against Google to stand.

Google’s argument was that since it didn’t have a true presence in Spain – no physical servers in Spain held the data – and the data was processed outside the EU, it wasn’t under the EU Data Protection Directive (DPD).

Ultimately, the EU’s highest judicial body, the Court of Justice, in their right to be forgotten ruling in 2014 said that: search engine companies are controllers; the DPD applies to companies that market their services in the EU  (regardless of physical presence); and consumers have a right to request search engine companies to remove links that reference their personal information.

With the GDPR becoming EU law in May 2018 and replacing the DPD, the right to be forgotten is now enshrined in article 17 and the extraterritorial scope of the decision can be found in Article 3.

However, what’s interesting about this case is that the original information about Mr. Gonzalez was never deleted — it still can be found if you search the online version of the newspaper.

So the “forgetting” part means, in practical terms, that a key or link to the personal information has been erased, but not the data itself.

Hold this thought.

Artificial Intelligence Is Like a Mini-Google

The second half of this paper starts with a very good computer science 101 look at what happens when data is deleted in software. For non-technical people, this part will be eye opening.

Technical types know that when you’re done with a data object in an app and after the memory is erased or “freed”, the data does not in fact magically disappear. Instead, the memory chunk is put on a “linked list” that will eventually be processed and then made part of available software memory to be re-used again.

When you delete data, it’s actually put on a “take out the garbage” list.

This procedure is known as garbage collection, and it allows performance-sensitive software to delay the CPU-intensive data disposal to a later point when the app is not as busy.

Machine learning uses large data sets to train the software and derive decision making rules. The software is continually allocating and deleting data, often personal data, which at any given moment might be on a garbage collection queue waiting to be disposed.

What does it mean then to implement right to be forgotten in an AI or big data app?

The authors of the paper make the point that eliminating a single data point is not likely to affect the AI software’s rules. Fair enough. But certainly if tens or hundreds of thousands use their right to erase under the GPDR, then you’d expect some of these rules to shift.

They also note that data can be disguised through certain anonymity techniques or pseudonymization as a way to avoid storing identifiable data, thereby getting around the right to be forgotten. Some of these anonymity techniques  involve adding “noise” which may affect the accuracy of the rules.

This leads to an approach to implementing right to be forgotten for AI that we alluded to above: perhaps one way to forget is to make it impossible to access the original data!

A garbage collection process does this by putting the memory in a separate queue that makes it unavailable to the rest of the software—the software’s “handle” to the memory no longer grants access.  Google does the same thing by removing the website URL from its internal index.

In both cases, the data is still there but effectively unavailable.

The Memory Key

The underlying idea behind AI forgetting is that you remove or delete the key that allows access to the data.

This paper ends by suggesting that we’ll need to explore more practical (and economic) ways to handle right to be forgotten for big data apps.

Losing the key is one idea. There are additional methods that can be used: for example, to break up the personal data into smaller sets (or silo them) so that it is impossible or extremely difficult to re-identify each separate set.

Sure removing personal data from a file system is not necessarily easy, but it’s certainly solvable with the right products!

Agreed: AI forgetting involves additional complexity and solutions to the problem will differ from file deletion. It’s possible we’ll see some new erasure-like technologies in the AI area as well.

In the meantime, we’ll likely receive more guidance from EU regulators on what it means to forget for big data applications. We’ll keep you posted!

New York State Cyber Regulations Get Real

New York State Cyber Regulations Get Real

We wrote about NY’s innovate cyber regulations earlier this year. For those who don’t remember, NY State Department of Financial Services (NYSDFS) launched GDPR-like cyber security regulations for its massive financial industry, including requirements for 72-hour breach reporting, limited data retention, and designation of a chief information security officer.

As legal experts have noted, New York leads the rest of the states in its tough data security rules for banks, insurance, and investment companies. And after Equifax, it has proposed extending these rules to credit reporting agencies that operate in the state.

Transition Period Has Ended

The NYS rules are very process-oriented and similar to the GDPR in requiring documented security policies, response planning, and assessments – basically you have to be able to “show your work”.

However, there also specific technical requirements, unlike the GDPR, that have to be complied with as well: for example, pen testing, multi-factor authentication, and limiting access privileges.

Anyway, the cyber regulations went into effect on March 1, 2017, but most of the rules have a 180-day grace period. That period ended in late August.

There are exceptions.

They extended up to one year – March 1, 2018 — some of the more technical requirements: for example, performing pen testing and vulnerability assessments and conducting periodic risk assessments. And up to 18-months for implementing audit trails and application-level security.

So NY financial companies have a little extra time for the nittier rules.

However, that does mean that the 72-hour breach reporting rule is in effect!

Varonis Can Help

I’d like to add that the NYSDFS rules on breach reporting cover a far broader type of cyber event than any other state. Typically, state breach rules have language that requires notification for the exposure of certain types of PII data — see our totally awesome graphics to instantly visualize this.

While these NY rules protect similar types of PII as other states – social security and credit card numbers as well as online identifiers – financial companies in New York will also have to report on cyber events, as defined as follows:

Cybersecurity Event means any act or attempt, successful or unsuccessful, to gain unauthorized access to, disrupt or misuse an Information System or information stored on such Information System.

Note the language for any attempt to gain access or to disrupt or misuse system. This encompasses not only standard data exposures where personal data is stolen, but also denial-of-service (DoS), ransomware, and any kind of post-exploitation where the system tools are leveraged and misused.

Based on my reading and looking closely at the state’s FAQ, financial companies will have to notify NY regulators within 72-hours of data exposures involving PII and cybersecurity events “that have a reasonable likelihood  of materially harming” normal operations – see Section 500.17.

With data attacks now becoming the new normal, this tough notification rule — first in the US! — will likely require IT departments to put in significant technical effort to meet this tight timeline.

Varonis can help NY financial companies.

Ask to see a demo of our DatAlert product and get right with NYSDFS!

 

The Equifax Breach and Protecting Your Online Data

The Equifax Breach and Protecting Your Online Data

As we all know by now, the Equifax breach exposed the credit reports of over a 140 million Americans. What are in these reports? They include the credit histories of consumers along with their social security numbers. That makes this breach particularly painful.

The breach has also raised the profile of the somewhat mysterious big three national credit reporting agencies or NCRAs — Experian and TransUnion are the other two. Lenders use NCRAs to help them decide whether to approve credit for auto loans, mortgages, home improvement, and of course new credit cards.

NCRAs Are Supposed to Protect Against Identity Theft

Let’s say the Equifax hackers go into phase two of their business plan, likely selling  personally identifiable information (PII) to cyber gangs and others who will directly  open up fake accounts. Of course, the stolen social security numbers makes this particularly easy to attempt.

The bank or other lender extending credit will normally check the identity and credit worthiness of the person by contacting the NCRAs, who under red flag rules are supposed to help lenders spot identity theft. Often times (but not always), the cyber thieves will use a different address than the victim’s when applying for credit, and this anomaly should be noticed by the NCRAs, who have the real home address.

The credit report should in theory then be flagged so future lenders will be on alert as well, and the financial company originally asking for the report is also warned of possible identify theft for the credit application.

I am not the first to observe that the irony level of the Equifax breach is in the red-zone – like at 11 or 12. The NCRAs are entrusted with our most personal financial data, and they’re the ones who are supposed to protect consumers against identity theft.

Unfortunately, an NCRA hacking is not a new phenomenon, and the big three have even been the target of class action suits brought by affected consumers under the Fair Credit Reporting Act (FCRA). To no one’s surprise, the legal suits have already begun for the Equifax breach – the last count puts it at 23.

What Consumers Should Do

While we hope that red flags have been already placed on affected accounts, it’s probably best to take matters into your own hands. The FTC, the agency in charge of enforcing the FCRA, recommends a few action steps.

At a minimum, you should go to the Equifax link and see if your social security number is one that’s been exposed. If so, you can get free credit monitoring for a year — in short, you’ll know if someone tries to request credit in your name.

(Yes, I just did it myself, and discovered my number might have been compromised. I went ahead and subscribed for the credit monitoring.)

If you’re really paranoid, you can go a step further and put a credit freeze on your credit report. This restricts access to the credit report held by the NCRAs, and in theory, should prevent lenders from creating new accounts. Normally, this would be a charge, but Experian graciously arranged to freeze the reports for free after outraged consumers protested.

None of these measures are fool proof, and clever attackers and thieves can get around these protections.

Online Protection With The Troy Hunt Course

Besides social security numbers, the hackers hauled away a lot of PII – names, addresses, and likely bank and credit card companies. As far as I can tell, passwords were not taken by the Equifax hackers.

Obviously, social security numbers are the most monetizable, but the other PII is still useful, particularly in phishing attacks. Readers of this blog know how we feel on the subject: any online information gained by hackers can and will be used against you!

So we should all be on alert for phish mails from what may appear to be our banks and other financial companies, and we should be wary of other scams.

That’s where the indispensable security expert Troy Hunt can help us all! His Internet Security Basics video course is a favorite of ours because it breaks down online security into a series of simple lessons that non-technical folks can quickly understand and take action on.

I draw your attention to Lesson Three, “How to know when to trust a website”, which will be incredible helpful in helping you avoid  the coming wave of online scams.

Let’s not waste a crisis: it’s probably also a good time to review and change online passwords and understand what makes for good passwords. Troy’s Lesson Two, ‘How to Choose a Good Password” we’ll bring you up to speed on passphrases and password managers.

The Equifax breach is as bad as it gets, but let’s not make it worse by letting cyber thieves exploit us again through lame phishing emails.

Learn how to protect yourself online with security pro Troy Hunt’s five-part course.

New Post-Brexit UK Data Law: Long Live the GDPR!

New Post-Brexit UK Data Law: Long Live the GDPR!

The UK is leaving the EU to avoid the bureaucracy from Brussels, which includes having to comply with the General Data Protection Regulation (GDPR). So far, so good. However, since the EU is so important to their economy, the UK’s local data laws will in effect have to be at very high-level — basically, GDPR-like — or else the EU won’t allow data transfers.

Then there is the GDPR’s new principal of extra-territoriality or territorial scope — something we’ve yakked a lot about in the blog — which means non-EU countries will still have to deal with the GDPR.

Finally, as a practical matter the GDPR will kick in before the UK formally exits the EU. So the UK will be under the GDPR for at least a year or more no matter what.

Greater legal minds than mine have already commented on all this craziness.

The UK government looked at the situation, and decided to bite the bullet, or more appropriately eat the cold porridge

Last week, the UK released a statement of intent that commits the government to scrapping their existing law, the Data Protection Act, and replacing it with a new Data Protection Bill.

Looks Familiar

This document is very clear about what the new UK data law will look like. Or as they say:

Bringing EU law into our domestic law will ensure that we help to prepare the UK for the future after we have left the EU. The EU General Data Protection Regulation (GDPR) and the Data Protection Law Enforcement Directive (DPLED) have been developed to allow people to be sure they are in control of their personal information while continuing to allow businesses to develop innovative digital services without the chilling effect of over-regulation. Implementation will be done in a way that as far as possible preserves the concepts of the Data Protection Act to ensure that the transition for all is as smooth as possible, while complying with the GDPR and DPLED in full.

In effect, the plan is to have a law that will mirror the GDPR, allowing UK companies to continue to do business as usual

The Bill will include the GDPR’s new privacy rights for individuals: the “right to be forgotten”, data portability, and right to personal data access. And it will contain the GDPR’s obligations for controllers to report breaches, conduct impact assessments involving sensitive data, and designate data protection officers.

What about the GDPR’s considerable fines?

The UK has also gone along with the EU data law’s tiered structure – fines of up to 4% of global turnover (revenue).

Her Majesty’s Government may have left the EU, but EU laws for data privacy and security will remain. The GDPR is dead, long live the GDPR!

GDPR Resources

Of course, the new Bill will have its own articles, with different wording and numbering scheme than the GDPR. And legal experts will  no doubt find other differences — we’ll have to wait for the new law. Having said that, our considerable resources on the EU data law remain relevant.

For UK companies reading this post and looking for a good overview, here are three links that should help:

 

For a deeper dive into the GDPR, we offer for your edification these two resources:

And feel free to search the IOS blog and explore the GDPR on your own!

Introducing Our New DataPrivilege API and a Preview of Our Upcoming GDPR Pa...

Introducing Our New DataPrivilege API and a Preview of Our Upcoming GDPR Patterns

GDPR Patterns Preview

We’re less than a year out from EU General Data Protection Regulation (GDPR) becoming law, and hearing that our customers are facing more pressure than ever to get their data security policies ready for the regulation.  To help enterprises quickly meet GDPR, we’re introducing GDPR Patterns with over 150 patterns of specific personal data that falls in the realm of GDPR, starting with patterns for 19 countries currently in the EU (including the UK).

Using the Data Classification Framework as a foundation, GDPR Patterns will enable organizations to discover regulated personal data: from national identification numbers to IBAN to blood type to credit card information. This means that you’ll be able to generate reports on GDPR applicable data: including permissions, open access, and stale data.  These patterns and classifications will help enterprises meet GDPR head on, building out security policy to monitor and alert on GDPR affected data.

Try it today and discover how GDPR Patterns will help prepare you for 2018 and keep your data secure.

IAM & ITSM Integration with DataPrivilege

We’ve been talking a lot lately about unified strategies for data security and management, and the challenge of juggling multiple solutions to meet enterprise security needs.

DataPrivilege puts owners in charge of file shares, SharePoint sites, AD security and distribution groups by automating authorization requests, entitlement reviews and more. DataPrivilege now includes a new API so customers can take advantage of its capabilities by integrating with other technologies in the security ecosystem, like IAM (Identity and Access Management) and ITSM (IT Service Management) Solutions.

Our new DataPrivilege API provides more flexibility for IT and business users so they can unify and customize their user experience and workflows. With the API, you’ll be able to synchronize managed data with your IAM/ITSM solution and return instructions to DataPrivilege to execute and report on requests and access control changes.  You’ll be able to use the integration to externally control DataPrivilege entitlement reviews, self-service access workflows, ownership assignment, and more.

Ask for a demo and see how it works with your current set up.

 

A Few Thoughts on Data Security Standards

A Few Thoughts on Data Security Standards

Did you know that the 462-page NIST 800-53 data security standard has 206 controls with over 400 sub-controls1?  By the way, you can gaze upon the convenient XML-formatted version here. PCI DSS is no slouch either with hundreds of sub-controls in its requirements’ document. And then there’s the sprawling IS0 27001 data standard.

Let’s not forget about security frameworks, such as COBIT and NIST CSF, which are kind of meta-standards that map into other security controls. For organizations in health or finance that are subject to US federal data security rules, HIPAA and GLBA’s data regulations need to be considered as well. And if you’re involved in the EU market, there’s GDPR; in Canada, it’s PIPEDA; in the Philippines, it’s this, etc., etc.

There’s enough technical and legal complexity out there to keep teams of IT security pros, privacy attorneys, auditors, and diplomats busy till the end of time.

As a security blogger, I’ve also puzzled and pondered over the aforementioned standards and regulations. I’m not the first to notice the obvious: data security standards fall into patterns that make them all very similar.

Security Control Connections

If you’ve mastered and implemented one, then very likely you’re compliant to others as well. In fact, that’s one good reason for having frameworks. For example, with, say NIST CSF, you can leverage your investment in ISO 27001 or ISA 62443 through their cross-mapped control matrix (below).

Got ISO 27001? Then you’re compliant with NIST CSF!

I think we can all agree that most organizations will find it impossible to implement all the controls in a typical data standard with the same degree of attention— when was last time you checked the physical access audit logs to your data transmission assets (NIST 800-53, PE-3b)?

So to make it easier for companies and the humans that work there, some of the standards group have issued further guidelines that break the huge list of controls into more achievable goals.

The PCI group has a prioritized approach to dealing with their DSS—they have six practical milestones that are broken into a smaller subset of relevant controls. They also have a best practices guide that views — and this is important — security controls into three broader functional areas: assessment, remediation, and monitoring.

In fact, we wrote a fascinating white paper explaining these best practices, and how you should be feeding back the results of monitoring into the next round of assessments. In short: you’re always in a security process.

NIST CSF, which itself is a pared down version of NIST 800-53, also has a similar breakdown of its controls into broader categories, including identification, protection, and detection. If you look more closely at the CSF identification controls, which mostly involve inventorying your IT data assets and systems, you’ll see that the main goal in this area is to evaluate or assess the security risks of the assets that you’ve collected.

File-Oriented Risk Assessments

In my mind, the trio of assess, protect, and monitor is a good way to organize and view just about any data security standard.

In dealing with these data standards, organizations can also take a practical short-cut through these controls based on what we know about the kinds of threats appearing in our world — and not the one that data standards authors were facing when they wrote the controls!

We’re now in a new era of stealthy attackers who enter systems undetected, often though phish mails, leveraging previously stolen credentials, or zero-day vulnerabilities. Once inside, they can fly under the monitoring radar with malware-free techniques, find monetizable data, and then remove or exfiltrate it.

Of course it’s important to assess, protect and monitor network infrastructure, but these new attack techniques suggest that the focus should be inside the company.

And we’re back to a favorite IOS blog theme. You should really be making it much harder for hackers to find the valuable data — like credit card or account numbers, corporate IP — in your file systems, and detect and stop the attackers as soon as possible.

Therefore, when looking at the how to apply typical data security controls, think file systems!

For, say, NIST 800.53, that means scanning file systems, looking for sensitive data, examining the ALCs or permissions and then assessing the risks (CM-8, RA-2,RA-3). For remediation or protection, this would involve reorganizing Active Directory groups and resetting ACLs to be more exclusive (AC-6). For detection, you’ll want to watch for unusual file system accesses that likely indicate hackers borrowing employee credentials (SI-4).

I think the most important point is not to view these data standards as just an enormous list of disconnected controls, but instead to consider them in the context of assess-protect-monitor, and then apply them to your file systems.

I’ll have more to say on a data or file-focused view of data security controls in the coming weeks.

1 How did I know that NIST 800-53 has over 400 sub-controls? I took the XML file and ran this amazing two lines of PowerShell:

[xml]$books = Get-Content 800-53-controls.xml
$books.controls.control|%{$_.statement.statement.number}| measure -line