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New EU GDPR legislation

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AL-
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PostPosted: 15:01 - 05 Mar 2018    Post subject: Reply with quote

Yes - everything that is storing any customer details is liable

The laws are pretty similar to the outgoing data protection laws but they have certainly clamped down on it a lot
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Im-a-Ridah
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PostPosted: 16:07 - 05 Mar 2018    Post subject: Reply with quote

I hope they bring in even more brutal legislation along these lines, more for the likes of Facebook and Google, not really fussed about SMEs.

For a start I'd like every piece of information to be opt in. It's ridiculous they want your name, location, date of birth, gender, email, phone number, to verify both, pictures (as many as possible), and a list of everyone you know or associate with Laughing
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iooi
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PostPosted: 17:46 - 05 Mar 2018    Post subject: Re: New EU GDPR legislation Reply with quote

mpd72 wrote:
Does anyone have an idea what this involves exactly?


Talk to a expert about it. Better to be safe than sorry.

TBH. The danger is with SME's as they can't afford/be arsed to secure data correctly.. Shocked

mpd72 wrote:

I keep customers addresses in my accounting program and use a couple of UK based third parties for Cloud email, backup and domain hosting, which I presume will be compliant


It is you who needs to be compliant. Not the cloud/software.
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Islander
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PostPosted: 21:52 - 05 Mar 2018    Post subject: Re: New EU GDPR legislation Reply with quote

mpd72 wrote:
Does anyone have an idea what this involves exactly? Everyone I'm talking to can't seem to make head nor tail of it.


Yes. The main differences are a requirement for privacy and security by design, informed consent on data use via clear privacy statements and the right to withdraw consent and be forgotten. Privacy Impact Assessments are mandatory when business changes present any risk, Subject Access requests are free and must be met within 30 days rather than 40. There's a wealth of easily understood guidance on the ICO site.

mpd72 wrote:
I keep customers addresses in my accounting program and use a couple of UK based third parties for Cloud email, backup and domain hosting, which I presume will be compliant.


Presumably you have an existing DP registration then. Also, the onus is on you to ensure that your cloud hosts hold your data in the EEA, that they're suitably certified for security requirements (ISO27001 at a minimum) and a few other things. Good advice is available on the National Cyber Security Centre (NCSC) website.

mpd72 wrote:
I have customers names and phone numbers on my phone, so according to this new legislation, it looks like even my phone is liable unless I'm misunderstanding it. Question


Is your phone encrypted to a suitable standard? Is it secured by a strong password or biometric? Privacy/Security by design...

You should be ahead of the game - you haven't got long to sort it all out.
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owl
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PostPosted: 11:11 - 06 Mar 2018    Post subject: Reply with quote

the general rule is encrypt data you wouldn't want disclosed (vague like you say), most modern phones are encrypted by default btw

1. Know what you have, and why you have it
2. Manage data in a structured way
3. Know who is responsible for it
4. Encrypt what you wouldn’t want to be disclosed
5. Design a security aware culture
6. Be prepared – expect the best but prepare for the worst

it's mostly just common sense

https://i1-news.softpedia-static.com/images/news2/infographic-eu-general-data-protection-regulation-gdpr-explained-for-dummies-502604-2.jpg
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Jewlio Rides Again LLB
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PostPosted: 22:48 - 06 Mar 2018    Post subject: Reply with quote

vice wrote:

it's mostly just common sense



That's OP fucked then.
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Islander
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PostPosted: 10:21 - 07 Mar 2018    Post subject: Reply with quote

mpd72 wrote:
So, just to clarify, anyone who has a customer's phone number on their phone, must have the phone encrypted?

I think this perfectly sums up just how ridiculously vague this EU legislation really is.


Why wouldn't you encrypt by default anyway?
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Islander
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PostPosted: 13:21 - 07 Mar 2018    Post subject: Reply with quote

mpd72 wrote:
Islander wrote:

Why wouldn't you encrypt by default anyway?


So every employee, sole trader etc in the UK, must encrypt their phone if they have a single phone number of a customer in their contacts on the phone? How many workers in the UK do you think this wont apply to?

You think that's going to happen? This is why these rules are not clear enough.


Encrypting mobile devices by default is just plain common sense whether it's a private citizen or an employee/trader. Why wouldn't you want to protect the information you hold? It's not exactly difficult to do - most modern devices support this.

The rules are perfectly clear, there's a heap of guidance out there and has been for quite a while. You've been given good advice on here, the legislation is coming whether you like it or not (and personally, I do) so you need to get moving before it's in force.
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owl
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PostPosted: 13:55 - 07 Mar 2018    Post subject: Reply with quote

mpd72 wrote:

That's just the vague view of a private company who sell security software. It's not an official "you must do this".

So what data needs protecting? Where does it stop? Having a company name and address in an accounts program for invoicing, is hardly sensitive data, not is having the company name and phone number in your contacts folder on a phone.

These details are freely advertised on the Internet, yet advice on here is telling me they need protecting, which is clearly bollocks.

This is exactly the point I'm making, nobody really knows what this entails. Many guess or answer so vaguely, that it's open to interpretation.


Search result was GDPR for dummies if you want more detail then

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

https://www.eugdpr.org/

if data is already publicly available then there wouldn't be an issue with it being disclosed, a companies phone number and address fine, a directors private mobile and home address, not so much

also this

Islander wrote:

Why wouldn't you encrypt by default anyway?


Also don't you own your own IT company? You should have been looking at this for at least the last 6 months at a minimum, it was announced in 2016
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Last edited by owl on 14:51 - 07 Mar 2018; edited 1 time in total
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panrider_uk
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PostPosted: 14:17 - 07 Mar 2018    Post subject: Reply with quote

Every presentation I've been to on GDPR has been full of "maybe", "probably", "unlikely".

Full of grey areas.

Also it's highly unlikely that the ICO will have the resources to bother auditing small businesses.
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Jayy
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PostPosted: 14:52 - 07 Mar 2018    Post subject: Reply with quote

This reminds me of that EU cookie law thing.... that nobody gave / gives a shit about unless you're a big company.

SMEs will get way more leniency over a large company with 100+ employees.

Can just imagine all the old dears who run businesses who don't know fuck all about technology in shackles because they didn't encrypt their data... highly unlikely.
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linuxyeti
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PostPosted: 19:38 - 07 Mar 2018    Post subject: Reply with quote

mpd72 wrote:
..........and the odd contact name and email for invoicing, but will probably encrypt my laptops just to make it look like I've made an effort. I've asked the UK based cloud host to confirm they will comply on the 3 services I offer.


Well, if you don't comply, and you get fined, the current fines for data protection infringements are likely to pale into insignificance ..

Quote:
Penalties
Under GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or €20 Million (whichever is greater). This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors -- meaning 'clouds' will not be exempt from GDPR enforcement.

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P.
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PostPosted: 20:06 - 07 Mar 2018    Post subject: Reply with quote

...and when we leave the EU and fuck most of these things off..?

It's all going off at work with this, it's going to make my day to day stuff so fucking problematic I'm tempted to leave the IT industry.
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linuxyeti
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PostPosted: 20:22 - 07 Mar 2018    Post subject: Reply with quote

Paddy. wrote:
...and when we leave the EU and fuck most of these things off..?


It will remain as is ..
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Jewlio Rides Again LLB
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PostPosted: 20:42 - 07 Mar 2018    Post subject: Reply with quote

I'll be straight on the phone advising them that a coloured fruit IT company are not complying. Laughing
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linuxyeti
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PostPosted: 11:37 - 08 Mar 2018    Post subject: Reply with quote

mpd72 wrote:
....

It's as clear as mud, nobody can give exact requirements. I wondered if it was just me and the other SME's in the industry, who have said the same thing, but clearly nobody has an exact idea of what it entails. Everyone I've spoken to is just making an effort in some way or another to look like they've actually upped security.


... It's not just security ..

The Regulation protects natural persons, whatever their nationality or place of residence.

Scope of Personal Data

Personal data is defined as any information relating to an identified or identifiable natural person ‘data subject’; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

Sensitive Personal Data

There are 2 categories of data, genetic and biometric data, join the prior list of sensitiveor special personal data: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health or sex life and sexual orientation.

Pseudonymized Data

Pseudonymized data remains personal data (because it can, by definition, be re-associated with a specific person).
Pseudonymization is viewed as a highly recommended risk-reduction technique.
There are some benefits attached to using pseudonymized data:
pseudonymization is a positive factor when analyzing whether a future data use is compatible with the original use for which the data were gathered;
pseudonymization counts as part of the organizational and technical measures used to safeguard personal data; and
depending on the facts, there may be some relief from data breach notification requirements if the compromised data were pseudonomized and the key that would allow re-identification was not compromised.

Also, aside from protecting this data, an organisation has to have consent from the individual to use/process some, all or none of the personal data. And, this consent must be freely given, specific, informed and unambiguous. Oh, and you can't just have the option in consent to use either


Essentailly ANY data that can be used to identify an individual has to be protected, and have consent to be processed.
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Islander
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PostPosted: 12:06 - 08 Mar 2018    Post subject: Reply with quote

Exactly what linuxyeti said with the addition of medical and criminal history to sensitive personal information. You need to have a clear understanding of what information you hold and the processes that manage that information. ICO guidance is the best to follow.

Microsoft can and will provide assured geolocation for Office 365 services. We use O365 on an Azure platform with assured EEA geolocation.

Protection of data at rest and data in transit should be your bread and butter if you're an IT systems professional by the way. It's not onerous, it's basic stuff. Also, if you're an IT Professional, do you *really* need people to define strong passwords and the like? Again, this should be your bread and butter.

I'm not an 'armchair expert' by the way, I'm an information security professional and have to have an understanding of relevant legislation. I'm involved in GDPR preparation in the organisation I work for and deal with this on a day to day basis along with information governance colleagues.
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