I was actually chuckling to myself as I wrote that title because I know you were thinking [the equivalent of] one of the following as you clicked on the link:
- If you have not read the GDPR: “That would be awesome!”
- If you have read the GDPR: “Don’t be so bloody stupid.”
No, of course ISO 27001 certification won’t give you immunity from GDPR fines, even those related to data security breaches, which is the only thing 27001 actually covers. Data security (as opposed to data processing) is a single Article out of 99, and the fines related to data loss aren’t even the big ones (2%, not 4%).
That said, I believe there is a much greater chance of you being fined for lack of security than for any illegalities in your personal data processing.
It’s a matter of exposure.
I have lost count of the number of times I have included phrases like; “You have to ask the right questions.” into my blogs, or into conversations with prospective clients. One of my primary roles as a consultant is to to either help my clients do just that, or to give them the right answers first if they are just too far behind the curve.
This is very easy in security, the ‘basics’ have not changed for generations, nor will they ever. So, for example, the question is never; “What technology do I need?”, it’s; “What function does the risk assessment say I need?”
But when it comes to GDPR, asking the right questions involves a significant amount of research and homework. Not only do you actually have to read the damned thing several times yourself, you have to understand it enough to apply it to your unique requirements. You have to be able to take the next step or nothing will happen.
The title should actually be more in question form; Did you know that there’s even a difference between being erased and being forgotten?
Article 17 of the GDPR is “Right to erasure (‘right to be forgotten’)“, which suggests they are the same thing. They are not [quite], and I think the only reason the right to be forgotten was added in brackets is because everyone was already calling it that. But it’s just not accurate …enough.
The right to be forgotten is intended to allow an individual to “determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past.” For example; you may have been guilty of a minor criminal offence 30 years ago, which in the UK would likely make that offence “spent” (i.e. it should not be considered in any decisions against you related to insurance, employment, loans and so forth). However, if this criminal record has been posted online then duplicated in numerous forms all over the place, it will never go away. In other words, you’ve paid your ‘debt to society’ but it will haunt you for the rest of your days.
Just about every major news outlet in the UK has the same headline for the BA data breach: “BA faces record £500M fine for data breach!“. Some are not content with even this degree of utter nonsense and are actually making things worse by saying that affected passengers are now “threatening boycott“.
I can only assume these morons are short-selling BA stock in order to cash in on their otherwise total journalistic ignorance and complete lack of integrity.
I was personally affected by the breach, and I can assure you I will not be giving my business to Easy Jet as a result.
Yes, I am pissed off. Here’s why: Continue reading
I have made no secret of my distain for organisations and individuals who consider themselves qualified to determine their client’s lawful basis for processing without having the necessary education or experience to do so. Just reading the GDPR a few times and doing some homework (like me), or taking the “Certified” GDPR Practitioner course (or equivalent), does NOT qualify you to talk legal matters with anyone. Don’t try.
On the other hand, a privacy lawyer (or equivalent subject matter expert) is just as likely to be spectacularly unqualified to get the information required to make the legal determinations in the first place. It is even more unlikely that they can manage the project from start to finish. Even if they could, there’s no way they’d be available, or affordable.
So what you end up with is either someone(s) who can only get you most of the way, or someone(s) only able to take you over the finish line.