Anybody who is involved in cyber security or data protection will be acutely aware that the General Data Protection Regulation - better known simply as GDPR - comes into force on Friday (the 25th of May). We have worked very closely with the Information Commissioners Office (ICO) to develop a set of a set of GDPR Security Outcomes, which we published last week.
GDPR and cyber
If you have tried to read and understand the relevant articles described in the Regulation, well done. I personally have found it really hard work to break it apart, summarise what security measures it really seeks, and then overlay good cyber security practice to meet those requirements. Thankfully, the ICO really do understand the detail, and so we have worked together to describe what the regulation requires and provide an overview on what sorts of cyber security measures we expect those organisations processing personal data to have in place. We have published this work as a set of Security Outcomes required for GDPR, together with some relevant overarching GDPR information. Whilst we have a shared interest with the ICO on cyber security, of course they are the lead for the GDPR and you should consult their website for any general GDPR questions or needs that you might have.
What GDPR says about cyber
Now I'm going to quote parts of the Regulation here - so bear with me - but I will give some context as well.
There is an overarching requirement that basically says that you need to protect personal information. It states that personal information must be:
"processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures"
The key thing to note here is that personal information being correct and available is in scope - not just protecting its confidentiality.
One thing that I personally like in the GDPR (OK so it's a little bit nerdy to have a favourite part of data protection legislation) is that it specifically requires organisations to think about security as you design services as well as at the point when processing happens. It means that services must be designed with security in mind from the outset, and that you have to keep them secure through the whole lifecycle. You can't just develop services and allow security debt (when security corners are cut to meet to meet business delivery) to accumulate.
The Regulation refers in a number of places to:
"appropriate technical and organisational measures"
It emphasises that you need to take a risk managed approach to security that is influenced by the risk to the individuals whose data you are processing, the state of the art (of technology) and cost. 'Appropriate' really does depend; we understand that saying 'it depends' can be really frustrating and people need a bit more certainty than that. Whilst the GDPR takes this 'it depends' approach, we have worked with the ICO to develop Security Outcomes that we would jointly expect any organisation to meet.
What are Security Outcomes?
As the name suggest these are outcomes that any organisation should seek to achieve with regards to cyber security. They do not themselves carry mandatory status, although they are our joint approximation of what appropriate means under the Regulation. You'll find that the outcomes do not say precisely what to do with regards to cyber security. That's deliberate as it's not for us (neither the NCSC nor the ICO) to tell you what technologies to use, nor to limit your choices in how you chose to protect them. Equally we need the outcomes to work for organisations of many sizes and complexity. Overall this was probably the hardest challenge and we'd like to hear your feedback if there are areas that don't quite work (and the reasons of course).
As we wrote the outcomes, we attempted to define the minimal set of measures that represent decent practice with regards to security. We do not believe we have described anything that is unreasonable, or should be surprising to you. Again let us know if you feel this isn't the case. Defining what we believe to be good practice means that existing guidance remains appropriate and can help you design measures that meet the outcomes. There is a lot of existing material - including our own Small Business Guide and ICO's guidance on GDPR - which you may find helpful.
We know that good security isn't just about putting technical mitigations in place. The outcomes are aligned to 4 top level aims which cover how you manage security, protecting personal data from cyber attack, detecting incidents and minimising the impact if an incident does happen.
Existing schemes and certifications
I'm asked a lot whether having Cyber Essentials means you are compliant with the GDPR cyber security requirements. Certainly having Cyber Essentials certification is a good thing and it will show that you take protecting yourself from cyber attack seriously. I wholeheartedly recommend it but there are other areas, outside the scope of Cyber Essentials, where you need to protect personal information too. A good example might be protecting data at rest on a laptop. The same logic applies to other certifications you might have; they are part of the picture, but you must still ensure that you are comprehensively protecting personal data.
If something goes wrong
Occasionally even the most diligent organisation might experience a security incident. The whole approach of the GDPR is based on managing risk, not avoiding all risk. The fact that some of our Security Outcomes describe detecting events and minimising the impact should underline this. If you are (or think you are) subject to an incident that involves personal data then you are likely to be obliged to report this to the ICO. They have published guidance on their website to help you understand what you should report, and by when.
Principal Technical Director, Risk Management Capability