- awesmoe
- Nov 30, 2005
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Pillbug
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What is the current law on affirmatively having to secure sensitive information? Are their minimum technical standards or safeguards that have to be employed, or is it a case by case, “if your poo poo gets stolen because your credit card company didn’t secure it enough, sue them and try your luck in court” kind of thing?
An affirmative duty to securely store sensitive information seems like the only legal solution, similar to how some states require you to lock your gun in a safe, but it’s difficult to see how exactly you would legislate that.
depends where you are, the GDPR in the EU (and adjacent islands) covers this sort of thing:
quote:
Art. 32 GDPR
Security of processing
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:
the pseudonymisation and encryption of personal data;
the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
so there's no "you must use x technology" which is good because that would be immediately out of date, and also not generally applicable.
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