What a wobbling title.
When already for a second time (here), the European Supreme Court has ruled that laws requiring broad (meta)data retention for trawling are illegal per se, with a minute few exceptions, making it illegal to consider it legal (i.e., have a law requiring it — which of course is much stronger than just doing it on private company want) you’d better comply.
That’s all, folks, only adding the following thus undoing that:
- You may read back some posts on how to pull off better Privacy (-compliance) in a fun and efficient way;
- And note how this seems to run counter the above, or does it ..? Distinction is finer than initially thought;
- Standards as yet fail to address sufficiently the main cause of leakage, being third parties or in your case, second parties; known for being the #1 Saying Yes (on paper) Doing No when it comes to maintaining security to the impeccable standards of yours. Those impeccable standards of yours that … can’t even seriously assume you’re at those levels. Can’t assume the second parties are anywhere near your levels even, because of their business model which is Profit over Non-profit [think that through] so have no incentive to take the moral high ground and all the incentives to the opposite … Those second parties of course are in your standards (are they? certainly not everywhere) under transparency towards
first parties (customers)regulators if ever they’d look so (only just beyond skin-) deep or rather disregard the issue;
- If not when those your standards would have been clear enough to yourself to collect and put them up as requirements, and properly communicated to the second parties, and (checked to have initially been) implemented with them;
- But then no-one really knows how to pull off even core but real oversight over the infosec quality at second parties — don’t fool yourselves: reporting, always throught their Marketing/Sales, will give no real info (info being the things you’d want to notice, not the stuff you can skip because it’s green lights/smileys all the way); actual audits, are either by third parties most usually on pay of second parties hence on their hand (don’t believe the outright lie of independence [I’ve been there, countless scores of times..]) e.g., when ISAE- or other certification is in play (certification after petty-rules-compliance checking not Auditing see tomorrow’s post) or by your own auditors — how good are they, anyway, when this outsourced stuff is special to them too (as you outsourced, their knowledge / experience re this, tumbled) and again it’s a side show to their audit universe, hard to pull off (have a look at the notification requirements and their freedom of movement in the contracts…) and still with an interest of the second parties to show a nice picture not truth which is almost completely in their hands, or by some third party hired and paid by you, for which the latter flaw of pretty-picture needs; the Diginotar case anyone?
- Summa summarum: You may be hosed.
Even more so, when it comes to Privacy. Either as an organisation, or as private person [ditch the oh so pejorative ‘individual’ and ‘citizen’ — don’t start me on the utter ridicule of the moronic ‘corporate personhood’], or both.
[May be prone to strike the wrong way, too, anyway; DC]