I was asked the equivalent of the subject question the other day, and realised that perhaps the demonstration of compliance is not quite as obvious as I have made it out to be in previous blogs.
And by ‘obvious’ I don’t mean ‘simple’, because this has always been simple.
The word ‘appropriate‘ appears 115 times in the GDPR final text, and the word ‘reasonable‘ a further 23, but if you don’t know how to define those things in relation to compliance for your organisation, how do you know when you’ve done enough? Or too much? The balance is as important to your business as compliance itself.
In Part 1 of this two-part blog ‘series’, I played the part of a security expert (which I do most days), and examined how privacy is changing the face of the security industry.
In Part 2, I have enlisted the help of a lawyer, data protection and contracts expert, who is basically to blame for me getting into this ‘privacy stuff’ in the first place. She also happens to be my sister; Angela Boswell.
No, this is not a political statement, though I couldn’t resist a play on words that also takes a poke at nationalist imbeciles on both sides of the Atlantic.
Instead, this is about the UK’s pending/potential/who-the-hell-knows-when/if exit from the EU and its effects on international transfers of personal data to/from the UK to/from the EU. Amazingly this is still confusing to a significant portion of the population, if they have even looked into it at all. You must understand that unless you have absolutely no intention of doing business whatsoever with your soon-to-be-ex EU counterparts, it’s the UK businesses that will need to be pro-active. Well, pro-active was three years ago, but you simply must make it easy for EU-based businesses to work with you regardless of the Brexit result.
You’ll notice I said ‘when’, not if, because if you have personal data online you will, eventually, be breached in some way.
I know this because the GDPR’s definition of ‘personal data breach‘ (Art. 4(12)) does not just mean ‘hacked by a bad guy’, it means: “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 therefore includes every unauthorised action that happens to the data, including the inevitability of human error. Nothing malicious, just a simple mistake, but it’s still a breach.