I turned my short GDPR vignette about GDPR’s territorial scope into a cartoon. The GDPR applies not just to all EU organizations that process personal data. The GDPR also applies to non-EU established organizations that offer goods and services to EU citizens or that monitor behavior within the EU.
The GDPR thus has quite a long arm in its reach. Any organization, even those with no physical presence in the EU, can fall under the scope of the GDPR.
This cartoon focuses on the lawful processing requirement. Under the EU’s General Data Protection Regulation G(DPR), the collection and processing of personal data must be for “specified, explicit and legitimate purposes.” This is in contrast to the United States where the processing of personal information is permitted unless a law forbids it.
Under the GDPR, data processing must be “lawful” – it must be justified by a legitimate purpose in order to be permissible. Article 6 of the GDPR sets forth the grounds for the lawfulness of processing personal data. These grounds include the consent of the data subject, when processing is necessary to perform a contract where the data subject is a party, when processing is necessary to comply with a legal obligation, when processing is necessary to protect a person’s vital interests, or when processing is necessary to perform a task carried out in the public interest. The final ground for lawful processing is when processing is necessary for the “legitimate interests” of a data controller or third party.
It is far from clear that there are legitimate interests in the cartoon above. Organizations often think that “legitimate interests” mean any interests that are important to their business, but that’s not the case. This ground for lawful processing is much narrower. And, legitimate interests must not be overridden by the data subject’s interests or rights.
This cartoon depicts the challenges of complying with GDPR’s requirements for vendor management. Under the GDPR, there are serious responsibilities when using a vendor to process personal data. Broadly, there are three things that data controllers must do:
1. Data controllers must perform due diligence in selecting vendors and that are complaint with GDPR.
2. Data controllers must have a contract with their vendors that includes certain provisions to ensure that GDPR is being followed.
3. Data controllers must monitor vendors for compliance.
Vendors must also comply with the GDPR.
Here’s a cartoon I created about Big Data and information gathering that I haven’t yet posted. Hope you enjoy it!
I recently compiled some of my cartoons into booklets. You can download them for free here:
My cartoon on why notice and choice is often not enough.
The General Data Protection Regulation (GDPR) will go into effect on May 25, 2018. The GDPR strengthens privacy protections in the EU and includes a number of additional rights and responsibilities.
This cartoon depicts the potential future of the Internet of Things. As more and more devices are connected to the Internet, including ones implanted in people’s bodies, increasing thought must be given to the privacy and security implications. The speed of technological development is moving at a far greater pace than the speed of policy thinking regarding privacy and security.
How will the security of new devices be regulated? The market doesn’t seem to be adequately addressing the security of the Internet of Things. Bad security in devices has externalities beyond the users, as devices can be used as part of botnets to attack other targets.
How will privacy be designed into devices? How will notice and choice work? When privacy is “baked in” to a device, do the engineers have a comprehensive understanding of privacy? How will consumers be able to understand and respond to these design choices?
Should there be special considerations for medical devices or any device that is implantable in a person?
We still await satisfactory answers to these questions . . . but the expansion of the Internet of Things isn’t waiting.
Here’s an earlier cartoon I created regarding the Internet of Things:
Misspelled words and bad grammar are tell-tale signs of phishing. Why don’t phishers learn spelling and grammar? Can’t they afford a copy of Strunk and White?
Phishers don’t need to spell better because their poorly-written schemes still fool enough people. It’s just math for the phishers — a numbers game. If you handle IT security at your organization, don’t assume that people won’t fall for obvious phishing scams — they do. That’s why it is essential to train people — again and again.
My cartoon depicts the discrepancy in the security and privacy budgets at many organizations. Of course, the cartoon is an exaggeration. In an IAPP survey of Chief Privacy Officers at Fortune 1000 companies in 2014, privacy budgets were nearly half of what security budgets were. That’s actually better for privacy than many might expect. Outside the Fortune 1000, I think that privacy budgets are much smaller relative to security.
Fortunately, it does appear that privacy budgets have increased according to the 2016 IAPP-EY Annual Privacy Governance Report which surveyed 600 privacy professionals from around the world. Though the data captured in 2016 has far more details, comparing the charts published by the IAPP in 2015 vs 2016, you can see a significant increase in total privacy spend.
This cartoon is about snooping, one of the most common HIPAA violations. HIPAA prohibits accessing information that people don’t need to do their jobs. It can be easy to look at electronic medical records, and people who snoop in this way might not perceive it as wrong. But the cartoon invites people to imagine how creepy the snooping would appear if it were occurring right in front of patients. Computers remove the interpersonal dynamic, making it harder for people to fully appreciate the wrongfulness of their conduct.
Though the high-profile, celebrity snooping incidents garner all the media attention, smaller cases affecting everyday individuals make up the bulk of the cases and legal activity. A large number of inappropriate access claims involve people checking on protected health information (PHI) about family and friends. Snooping is not intended maliciously. Often a concerned staff member will access the patient records of a family member or acquaintance out of worry or concern. In one case, a nurse in New York was fired for disclosing a patient’s medical history to warn a family member who was romantically involved with the patient of the patient’s STD.
Hacking is easy. My latest cartoon is based on the fact that many hacking attacks involve rather simple and common tactics. Why try the hard stuff when the easy stuff works so well? All it takes is for one person to fall for a social engineering trick, and the hackers can break in.
Here’s a cartoon on HIPAA and social media use to jump start your week. You can’t think enough about HIPAA these days. HIPAA audits are back, and OCR is having a vigorous enforcement year this year, something I plan to post about soon.
Why do phishers waste their time with such obvious phishing scams when they can do so much better?
One possible answer: They don’t have to do better. They send out so many emails that they only need a very low percentage of people to click. And people always do. In fact, if phishing emails became more effective, phishers might get too many clicks and might not be able to process it all!
To break into an organization, all the phishers need to do is to catch just one person. They don’t need to overphish the seas. Victims are plentiful enough!
Don’t assume that people won’t fall for obvious phishing scams — they do. That’s why it is essential to train people. I am pleased to announce that TeachPrivacy now is offering a phishing simulator service. We’ve teamed up with QuickPhish to provide a platform where organizations can conduct simulated phishing exercises for their workforce. A great way to teach people not to fall for phishing emails is through direct experience. When people wrongly click, our training can follow to teach them how to improve.
I created this cartoon to illustrate the fact that despite the increasing risk that privacy violations pose to an organization, many organizations are not increasing the funding and resources devoted to privacy. More work gets thrown onto the shoulders of under-resourced privacy departments.
It is time that the C-Suite (upper management) wakes up to the reality that privacy is a significant risk and an issue of great importance to the organization. Looming on the horizon is the enforcement of the new EU General Data Protection Regulation (GDPR), which will begin in 2018. It’s never too early for organizations to start preparing. GDPR imposes huge potential fines for non-compliant organizations — up to 4% of global turnover in many cases. For more information, see the FAQ page I created about the GDPR and privacy awareness training.
Of course, the C-Suite may be quick to say that privacy is very important, but what matters most are the actions they take. Privacy office budgets and sizes should be going up by a lot these days.
A recent article in Wired argues that it is time to kill password recovery questions. Password recovery questions are those questions that you set up in case you forget your password. Common questions are:
In what city were you born?
What is your mother’s maiden name?
Where did you go to high school?
HIPAA is famously impenetrable, with so many special terms and definitions. I wrote this cartoon to capture the wonderful world of HIPAA jargon, which I hope fellow lovers of HIPAA can appreciate.
For those who want an introduction to HIPAA and how the Privacy Rule and the Security Rule work, I produced a series of courses on HIPAA for the American Health Information Management Association (AHIMA). Each course is approximately 1 hour long. The courses are:
• HIPAA Privacy: The Pillars of a Privacy Program
• HIPAA Privacy: Rights and Responsibilities
• HIPAA Security: Safeguarding PHI
They are available through AHIMA, but you can preview them on my site here.
These AHIMA HIPAA courses are not for the entire workforce — the courses are for personnel who focus on HIPAA compliance and need to understand the basics of how HIPAA works. My HIPAA training for the workforce is shorter as well as more basic and general.
I have another HIPAA cartoon here.
Here’s a cartoon I created. It involves several Fair Information Practice Principles (FIPPs) and privacy best practices. The ones involved (and not heeded) in this cartoon are doing a data inventory, informing people about the purposes of the collection of their data, using data for only those purposes, and not keeping data longer than necessary to accomplish those purposes.
For many organizations, there is a lot of data collected that gets stored and forgotten, or that is collected with no apparent purpose in mind. Data inventories are a great way to take stock of this data and determine whether it is really necessary and appropriate to keep it.
I have good news and bad news about ransomware. First, the good news — here’s a cartoon I created. I hope you enjoy it, because that’s the only good news i have. Now, for the bad news . . .
The Bad News: Be Afraid, Very Afraid
Everyone seems to be afraid of ransomware these days, but is the fear justified? Is ransomware more about hype than harm? Unfortunately, a recent study of international companies conducted by Malwarebytes provides some startling statistics to back up the fears. According to the study, 40% of companies worldwide and more than 50% of the US companies surveyed experienced a ransomware incident in the last year.
The stakes are very high — 3.5% of companies surveyed even indicated that lives were also at stake which was exemplified by a recent attack in Marin, California where doctors lost access to patient records for over 10 days.
Recently, HIPAA celebrated its 20th birthday. HHS issued a celebratory blog post. HIPAA is 20 years old if you start counting from the date the statute was passed (1996). If we measure HIPAA’s age from the date that the HIPAA Privacy Rule became effective (2003), then HIPAA is 13.
So HIPAA could be 20 years old, eager to become 21 and be able to drink (right now, it just makes people want to drink) or 13 years old and about to begin being an unruly teenager.
A few years ago, I published an article in the Journal of AHIMA to celebrate HIPAA’s 10th birthday (counting from when the Privacy Rule became effective). The article discusses HIPAA’s growth and impact, and is a quick read if you’re interested. You can download it for free here:
HIPAA Turns 10: Analyzing the Past, Present, and Future Impact
84 Journal of AHIMA 22 (April 2013)
Here’s a cartoon I created to illustrate the importance of security awareness training. I hope you find it amusing.
It’s Data Privacy Day — January 28, 2016 — and to celebrate, here’s a cartoon I created about the Internet of Things.