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General Data Protection Regulation (EU)

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The GDPR is considered by most to be the world's strongest data privacy law. GDPR was established in 2016 and replaced the EU's 1995 Data Protection Directive with hundreds of pages of regulations that require organizations around the world to protect the privacy of EU citizens. With this sweeping regulation, companies around the world that do business with European customers have been forced to rethink their approach to data security and privacy. As a CISSP and information security leader, this is one legislation that you'll likely need to be familiar with.

NOTE If your organization stores or processes the personal data of EU citizens or residents, then GDPR applies to you, whether or not your company is located in the EU.

GDPR Article 5 establishes and describes seven principles for processing personal data:

 Lawfulness, fairness, and transparency: Obtain and process personal data in accordance with applicable laws and fully inform the customer of how their data will be used.

 Purpose limitation: Identify “specific, explicit, and legitimate” purpose for data collection, and inform them of such purpose.

 Data minimization: Collect and process the minimum amount of data necessary to provide the agreed-upon services.

 Accuracy: Ensure that personal data remains “accurate and where necessary kept up-to-date.”

 Storage limitation: Personal data may be stored only long as necessary to provide the agreed-upon services.

 Integrity and confidentiality: Ensure appropriate security of personal data, and provide protection against unauthorized access, and accidental loss or destruction. This includes implementing data anonymization techniques to protect your customers' identities, where necessary.

 Accountability: The data controller (i.e., the party that stores and processes the personal data) must be able to demonstrate compliance with all of these principles. Many customers pursue industry-standard certifications, like ISO 27001, to demonstrate accountability and commitment to security and privacy.

TIP Article 17 within the GDPR establishes a person's “right to be forgotten.” This provision grants the data subject (i.e., the person whose data is being used) the right to have their personal data deleted if one of several circumstances exists and is a critical concept that information security professionals must consider when developing their data storage and retention policies.

GDPR Chapter 4 contains several articles that establish requirements related to the data controller and processor and requires that data processors (i.e., an organization that stores and processes PII on behalf of a data controller) prioritize security and privacy. Of particular interest, Article 25 requires “data protection by design and by default”; this is a huge directive that codifies what security professionals have been recommending as best practice for years.

NOTE GDPR Article 33 establishes rules that require data controllers to notify proper authorities within 72 hours of becoming aware of a personal data breach.

The Official (ISC)2 CISSP CBK Reference

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