Always keep the law in mind when planning security.

Your legal and contractual requirements should be firm considerations when planning out and implementing your information security. If in doubt as to what your obligations are and which pieces of legislation apply to you, work with your legal team to identify them.

Security category – 18.1. Compliance with legal and contractual requirements

18.1.1. Identification of applicable legislation and contractual requirements.

All companies should adhere to their contractual and regulatory obligations, but to do so we need to know what those obligations are. Your organization should take care to go through its contracts and understand what is expected of you. You should also have specially trained staff with knowledge of regulations impacting your industry at hand when drafting policies, procedures or stands. These staff can keep you informed of changing requirements so you can be sure to include them to ensure you are compliant. Remember, if you have offices in multiple legal jurisdictions your plans should take the different legal environments into account.

18.1.2. Intellectual property rights.

You should make sure that, for any material you use such as software, you are compliant with copyright and IP laws, as well as any licensing fees that may apply. Ensuring that software on your assets has been attained from the vendor, and that only correctly licensed versions can be installed we can reduce our risk. Outlining employee responsibilities, such as not using pirated software, in the Acceptable Use Policy can help us be compliant, as can regular audits of software. Be prepared to hand licensing information to the vendor should they wish to audit you.

18.1.3. Protection of records.

In many jurisdictions there is legislation in place to specify how record retention should be carried out. An example of this from the GDPR is for healthcare records[1];

“In general, medical records should be retained by practices for as long as is deemed necessary to provide treatment for the individual concerned or for the meeting of medico-legal and other professional requirements. At the very least, it is recommended that individual patient medical records be retained for a minimum of eight years from the date of last contact or for any period prescribed by law. (In the case of children’s records, the period of eight years begins from the time they reach the age of 18).”

 You should have policies in place to protect records in accordance these laws, as well as contractual and regulatory requirements. Similarly, you may wish to tailor your retention policy in a manner that benefits your organization and helps further your business needs. This can be done but should be carried out in line with legislation, regulatory and contractual requirements. Keeping records for too long, beyond a reasonable need for the business can cost resource in maintaining them and we run the risk of greater loss should a breach occur, with that in mind it is encouraged to limit the retention period of records where reasonable.

18.1.4. Privacy and protection of personally identifiable information.

Nearly all countries have some requirements for reasonable protection of collected PII. In some jurisdictions, such as the European Union and the incoming GDPR, not sufficiently protecting PII can cause fines to be leveraged against the organization. To use the GDPR as an example a company can be fined up to 4% of its annual revenue. One of the best ways to best ensure compliance is to designate an employee a Privacy Officer who can advise on local regulations.

18.1.5. Regulation on cryptographic controls.

In a previous control we discussed the importance of using encryption for confidentiality, integrity and non-repudiation, but in some states the use of encryption is heavily regulated, and in some cases, require decryption keys to be provided to the authorities. It is important to understand your local laws when using encryption or incorporating encryption in your products.


[1] https://www.icgp.ie/go/in_the_practice/it_faqs/managing_information/8E2ED4EE-19B9-E185-837C1729B105E4D9.html

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