Читать книгу (ISC)2 CISSP Certified Information Systems Security Professional Official Study Guide - Mike Chapple - Страница 83
Privacy Policy Requirements
ОглавлениеPrivacy can be a difficult concept to define. The term is used frequently in numerous contexts without much quantification or qualification. Here are some partial definitions of privacy:
Active prevention of unauthorized access to information that is personally identifiable (that is, data points that can be linked directly to a person or organization), known as personally identifiable information (PII)
Freedom from unauthorized access to information deemed personal or confidential
Freedom from being observed, monitored, or examined without consent or knowledge
When addressing privacy in the realm of IT, there is usually a balancing act between individual rights and the rights or activities of an organization. Some claim that individuals have the right to control whether information can be collected about them and what can be done with it. Others claim that any activity performed in public view—such as most activities performed over the internet or activities performed on company equipment—can be monitored without knowledge of or permission from the individuals being watched, and that the information gathered from such monitoring can be used for whatever purposes an organization deems appropriate or desirable. Some of these issues are determined by law based on country or context, whereas others are left up to organizations and individuals.
Protecting individuals from unwanted observation, direct marketing, and disclosure of private, personal, or confidential details is usually considered a worthy effort. However, some organizations profess that demographic studies, information gleaning, and focused marketing improve business models, reduce advertising waste, and save money for all parties.
There are many legislative and regulatory compliance issues in regard to privacy. Many U.S. regulations—such as the Health Insurance Portability and Accountability Act (HIPAA), the Sarbanes–Oxley Act of 2002 (SOX), the Family Educational Rights and Privacy Act (FERPA), and the Gramm–Leach–Bliley Act—as well as the European Union's General Data Protection Regulation (GDPR) (Regulation [EU] 2016/679)—include privacy requirements. It is important to understand all government regulations that your organization is required to adhere to and ensure compliance, especially in the areas of privacy protection.
Whatever your personal or organizational stance is on the issue of online privacy, it should be addressed in an organizational security policy. Privacy is an issue not just for external visitors to your online offerings but also for your customers, employees, suppliers, and contractors. If you gather any type of information about any person or company, you must address privacy.
In most cases, especially when privacy is being violated or restricted, the individuals and companies may need to be informed; otherwise, you may face legal ramifications. Privacy issues must also be addressed when allowing or restricting personal use of email, retaining email, recording phone conversations, gathering information about surfing or spending habits, and so on. All this and more should be codified in a privacy policy (i.e., internal rules) and potentially a privacy statement/disclosure/notice (i.e., explanation to external entities).
Privacy and PII are covered more in Chapter 4.