Privacy Ref Blog

Three thoughts for business from the NSA privacy incidents

Yesterday the Washington Post published an article  based on an audit dated May 2012 describing violations of privacy rules by the NSA. As I read the article three thoughts occurred to me that a business can take away for their own privacy program. (Please note that these observations are not meant to comment on the unfolding NSA revelations.)

After introducing a privacy initiative things may look worse

One observation in the article is that  “Despite the quadrupling of the NSA’s oversight staff after a series of significant violations in 2009, the rate of infractions increased throughout 2011 and early 2012.”

When an organization begins a privacy initiative you can expect an uptick in reported privacy events, incidents, and concerns. For example,

These increased observations should be used to provide feedback to the training and awareness components of your program since the privacy requirements violated may require additional clarification. The incidents should also be used for feedback to refine the policy itself.

Human privacy errors do occur

For 2012 Q1 the audit reports 195 violations of the Foreign Intelligence Surveillance Act (FISA). Of these violations, 123 (or roughly 63%) were attributed to “Operator Error”.

Human error is just a fact of life. In fact, The Ponemon Institute recently reported that 35% of data breaches are due to human error.

While technology can be created or tuned to capture many types of human errors, the best preventative measure may very well be awareness initiatives. Finding creative ways to keep privacy top-of-mind for your organization’s staff will help them to think twice before they intentionally perform an unacceptable operation or double check what they are about to do before they unintentionally make an error.

Privacy requirements need to be clear and unambiguous

There are times when we communicate policies that we leave some “wiggle room” in the comments we make. This leaves room for interpretation of the policy by an organization’s staff which fill in the gaps and may, over time, become accepted practices.

These interpretations then may become the basis of new procedures and reports without the authors of these procedures and reports referring to the original policy.  The result may be that violations become routine in an organization even though everyone had the best intentions to be compliant.

To avoid this situation a privacy policy needs to be clear and unambiguous. The policy needs to be reinforced  with required annual training and an on-going awareness program.

As changes are made to the privacy policy you should not only provide training, but initiate a procedure review process to verify that the practices that were in place prior to the policy change comply with the new requirements.

Privacy Ref provides consulting and assessment services to build and improve organizational privacy programs. For more information call Privacy Ref at (888) 470-1528 or email us at info@privacyref.com

Posted on August 16, 2013 by Bob Siegel
Tags: , , ,

« »

No Responses

Comments are closed.


« »

Subscribe to our mailing list

Please fill out the form below.

Required

Want to find out more?

Simply go to the contact page, fill out the form, and someone from Privacy Ref will be in touch with you. You can also send an email to info@privacyref.com or call (888) 470-1528.

News

April 16, 2018

IAPP Training Classes
Privacy Ref is proud to announce that we are an official training partner of the IAPP. You now have the opportunity to learn from one of our knowledgeable privacy professionals using the most respected training content in the industry. The robust interactive training offered, aids in the understanding of critical privacy concepts. The contents of the courses are integral to obtaining your privacy certifications and to educate your new team. Learn more here.

Latest Blog Posts

July 9, 2018

Don’t Forget Basic Communication
Most of us have been wrapped up in GDPR preparations for several months. While there are many organizations "not quite there yet", many others have made great strides towards compliance. As we continue to do assessments for clients, both GDPR and General Privacy,  I have been surprised at the frequency of the gap between a privacy official describing their organization's data subjects, information collected, and business processes  with the reality of what is happening. Continue reading this post...

California – The Next GDPR?
Starting January 1, 2020, if you are a for-profit company doing business in California, you may have new data privacy compliance obligations. Specifically, California just enacted the California Consumer Privacy Act of 2018 (the country’s strictest data privacy law to date), placing new privacy mandates on certain businesses with respect to the personal information of consumers (defined as natural persons who are California residents). Many aspects of the new law smack of EU-GDPR influences, such as a new and improved (in other words, broader) definition of personal information and the inclusion of guaranteed consumer rights with respect to such personal information. If your business is already in compliance with the EU’s GDPR, the California law will be nothing new to you. For other businesses, however, you have 18 months to get with the program. Continue reading this post...

Other Recent Posts

PRIVACY REF