Preparing for the GDPR

The European Union (EU) will put the General Data Protection Directive (GDPR) into effect on May 25th, and with it some potentially difficult and onerous requirements. Here are a few potential issues with which companies worldwide will have to contend:

  • Article 7(1) of the GDPR states, “Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.” That means that anyone who signs up for a mailing list, a webinar, an email newsletter or any other type of communication from you will need to be fully informed of the “processing” that their data will undergo, and you will need to keep an accurate record of each instance of consent that has been granted. For example, someone who signs up to be on your corporate emailing list is granting consent for their information to be used strictly for the purpose of receiving email from you – you need to maintain a record of that consent. If they sign up for a webinar that you have announced to them in an email, they are granting consent to be contacted with regard to that specific webinar – you need to maintain a record of that, as well.

    Our recommendation: excellent and up-to-date recordkeeping is going to be of paramount importance in order to remain compliant with the GDPR. That means good archiving of data subjects’ information, including the ability to search for and retrieve this information quickly and completely, and the ability to defensibly delete this information when needed.

  • Article 22(1) requires that a “data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling…” and that includes their “location or movements” (Recital 71). What that likely means is that there is a prohibition on determining whether or not someone is an EU “data subject” based on things like their IP address when completing a form on your web site, for example. So, if someone who lives in the United States is on your corporate mailing list, where their information is not subject to GDPR compliance, but later moves to an EU country, where their data is now subject to the GDPR, is the onus on you to know they’ve moved? According to a strict interpretation of Recital 71, you’re not allowed to collect their IP address when they interact with you, and so you may not be able to determine that they have moved.

    Our recommendation: act as if everyone is subject to compliance with the GDPR and process information accordingly.

  • Articles 12 through 23 of the GDPR are the “Rights of the data subject”, which include things like their right to access and have corrected any information that a data processor or controller has on them, and their right to have that information deleted – their “right to be forgotten” – albeit with certain limitations. There are some serious implications for data controllers and processors in these requirements:

You need to know where all of your data is located. Data subjects’ information that might be stored on a departmental file share to which IT or legal does not have ready access, information stored in employees’ personal Dropbox accounts, or information stored on ex-employees’ personal devices could make it difficult or impossible to respond adequately to a data subject’s request for information or their right to have this data corrected or expunged.

Even with access to all of your data, an organization with malicious intent could organize a group of a few thousand people to request their data simultaneously. Given that the GDPR gives data processors and controllers only one month to comply with these requests (up to three months in some situations), an organization with inadequate content management systems in place could easily run afoul of the GDPR.

Our recommendation: conduct a thorough data inventory to determine where all of your data is located, give IT access to it, and implement a robust and scalable archiving capability that will enable all corporate data to be searched and produced quickly and with a minimum of effort.

Many thanks to Anne P. Mitchell, an Internet law and policy attorney and legislative consultant, for her input to this post. Her firm is offering consulting on the legal aspects of the GDPR – you can contact her here.

For more information on the GDPR, you can download our most recent white paper here.

What About Shadow IoT?

There has been so much talk about “Shadow IT” — employees using their own smartphones, tablets, cloud applications and mobile apps — and its impact on corporate IT that many don’t worry about it anymore. Many IT decision makers have simply acquiesced to the idea that employees will use their own devices, mobile apps and cloud applications, and so are finding ways to work within this new reality as opposed to fighting it. To be sure, Shadow IT has major implications for security, the ability to find and manage corporate data, the ability to satisfy compliance obligations and the like, but Shadow IT is here and it’s here to stay.

But what about “Shadow IoT”? There are a large number of personally owned IoT devices already accessing corporate networks, such as Apple Watches, Fitbits, Alexa/Google Home devices and the like. For example, an Apple Watch can be used to access corporate email and text messages, Fitbits send emails to wearers with their weekly status reports, and IBM has integrated Watson with Alexa/Google Home, to name just a few examples on the tip of this iceberg. Fueling this trend is growing corporate acceptance of the idea of integrating IoT with business processes — companies like Salesforce, Capital One, AETNA, SAP and SITA, among others, are embracing use of the Apple Watch and developing applications for it. Moreover, the use of wearable IoT devices can increase employee productivity — a Rackspace study found that productivity and job satisfaction both benefited from their use.

While personally managed IoT devices represent an enormous boon to their owners, they also can create a number of security risks. For example, researchers at the University of Edinburgh were able to circumvent the encryption that Fitbit uses to send data, leaving users vulnerable to theft of their personal information. In 2015, a Fortinet researcher discussed a proof-of-concept that could infect a Fitbit device with malicious code that could then send malware to a PC connected to the device (a claim that Fitbit denied). Researchers at Binghamton University found that sensors in wearable devices could be used to determine passwords and PINs with up to 90 percent accuracy. Apple Watches have been banned from cabinet meetings of UK government ministers over fears that the devices could be hacked and used to listen in on these meetings.

Does your organization have a policy to protect against Shadow IoT? What security measures have you implemented specifically to address this threat? I’d like to get your feedback on what your organization is doing for a future blog post.

You Need to Archive Mobile Text Messages

Osterman Research has found that roughly one-third of the typical information worker’s day is spent working on a mobile device, and an even greater proportion of work-related content is accessed using mobile devices. The impetus for the growing use of mobile devices is driven by a number of factors, although the use of personally owned devices is a key factor in their adoption in the workplace. As shown in the following figure, the use of company-owned and personally-owned smartphones is on the increase.

Source: Osterman Research, Inc.

The use of messaging applications on mobile devices, such as email and SMS/text messaging, are among the most common applications of mobile devices in the workplace. The vast majority of users who employ a smartphone for work-related uses employ some type of messaging-related application on a regular basis.

There are a number of difficulties associated with the archival of text messaging content. For example:

  • Text messages sent using telecom carriers are often retained only for brief periods, and so these providers cannot be relied upon a source of archived text messages for long periods.
  • Since some companies operate in multiple countries using carriers that often do not provide any sort of text messaging archival service, enterprises often employ different methods to archive text messages, such as doing a physical backup of a device.
  • Further complicating the archival of text messages is the lack of commonality for archiving content depending on the device in use. Some solutions pull content directly from the server (e.g., with the BlackBerry Enterprise Server), while others install an app on the mobile device that transmits text messages to the archive. Other tools, such as SMS Backup+ for Android devices, will move text messages into a user’s Gmail account where they can be backed up or archived indirectly.

The bottom line is that organizations using various and inconsistent methods for archival of text messages makes the process inefficient, expensive and prone to error. The result can be incomplete archives of text messages and the consequences that go along with this level of inconsistency. Therefore, it’s essential to choose the right vendor that can provide a consistent and unified method for text message archival.

We have recently published a white paper on text messaging archiving that you can download here.