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Maximizing Data Minimization |
The idea that companies should only be able to collect and retain data that |
is adequate, relevant, and necessary is a bulwark against data abuse and the |
essence of privacy because it either prevents data from being created in the |
first place or compels its destruction. It also demonstrates how privacy and |
security must work together to achieve their separate goals. |
Security can focus on how to retain data and how to protect its integrity. |
It can ensure that only authorized people can see data and that information |
doesn’t get improperly accessed or leaked. Privacy focuses on difficult |
substantive questions such as how long the data is retained, how it can be |
used, and specifically who is authorized to see it and change it. Privacy |
focuses on determining when data should be destroyed, which is often |
based on regulatory requirements. Security plays a role in ensuring that the |
data is properly destroyed. |
Lawmakers should embrace data minimization with the same zeal they |
embrace data security rules and for the same reasons. Although privacy and |
data security have slightly different functions, they work in tandem and |
roughly overlap to achieve the same goals. |
Data Mapping |
Privacy requirements such as data mapping provide awareness about |
potential security vulnerabilities. Data mapping shows what data is being |
collected and maintained, the purposes for having this data, the |
whereabouts of this data, and other key information. Without good data |
mapping, personal data is often forgotten. When this occurs, data can fall |
outside the security bubble or be improperly accessed, with this access not |
being readily detected. |
Data mapping is useful for both privacy and security. Keeping track of |
data ensures that it remains within the security bubble and has the proper |
security controls. There should be data stewards with accountability for |
each repository of data. Security can set controls to make sure that those |
who should have access do and that those who shouldn’t have access don’t, |
but it is often in the realm of privacy where the determination of who |
should have access is made. |
Recently, privacy laws have been the main driver behind organizations |
engaging in data mapping. Laws such as the California Consumer Privacy |
Act (CCPA) require that businesses provide people with the specific |
personal data collected about them.87 Even more helpful than individuals |
knowing the specific data business have about them is the byproduct of |
businesses being compelled to respond to individual requests to know. To |
be able to respond, businesses are forced to have a better understanding and |
inventory of the data they possess. The CCPA doesn’t directly require data |
mapping, but the practice becomes necessary to carry out the CPPA’s |
obligation to respond to individual demands to know about their data. |
More privacy laws should require data mapping, ideally directly rather |
than indirectly like the CPPA. Laws should require that organizations |
ensure that all personal data is accounted for and have a person assigned to |
be accountable for it. |
■ |
In addition to improving data minimization and data mapping rules, |
lawmakers could create improvements for data security by fortifying |
existing privacy preservation rules around concepts such as deidentification |
and rules against manipulation. Understanding the security benefits from |
good privacy practices could generate broader legislative support for |
privacy regulation. Companies would also benefit from learning not to |
undermine their efforts to promote security by having poor privacy |
practices. |
8 |
Designing Security for Humans, the Weakest Link |
In the afternoon of July 15, 2020, some of the most famous and powerful |
people in the world appeared to suddenly become quite generous. On |
Twitter, Joe Biden, Barack Obama, Kanye West, Bill Gates, and Elon Musk |
posted messages such as the one below: |
I am giving back to the community. All Bitcoin sent to the address below will be sent back |
doubled! If you send $1000, I will send back $2000. Only doing this for 30 minutes.1 |
Bitcoin is a cryptocurrency that facilitates hard-to-trace transactions. This |
was a scam, but it worked quite well. The New York Times estimated that |
the fraudsters raked in more than $180,000.2 |
How could this have happened? How could one of the most important |
communication platforms in the world have been so publicly compromised? |
Investigations of the incident point to a series of failures culminating in a |
telephone call between a hacker pretending to be from Twitter’s IT |
department and an employee who helped the hacker by providing access to |
the company’s customer service portal. Once the hacker tricked the |
employee into helping bypass Twitter’s two-factor authentication |
protections, it was off to the races. The hackers accessed 130 accounts in a |
matter of hours.3 |
Humans make all kinds of terrible data security decisions. They click on |
dubious links. They lose their laptops or leave them unattended. They |
publish working login credentials to their clients’ systems on public |
repositories like Github. They ignore warnings in browsers that important |
security certificates have expired. They re-use passwords. The list goes on |
and on. |
Most data breaches are facilitated by preventable low-tech blunders. |
Many studies show that human error plays a role in an overwhelming |
number of breaches.4 Studies and news articles often loosely say that many |
data breaches are “caused” by human error, but the more accurate |
description is many data breaches “involve” human error. Data breaches |
often don’t occur because of just one action; they are caused by a |
combination of things. Human error often plays a key role.5 Hackers may |
cause a breach, but they break in because humans fall for phishing schemes |
or fail to patch software. Even when human error isn’t a major factor in a |
hack, humans might fail to encrypt data, thus enabling the hackers to access |
data they otherwise wouldn’t have been able to decipher. Human error often |
involves the failure to prevent breaches that could readily have been |
stopped. For example, the previously discussed Target breach could have |
been prevented had humans paid attention to the blinking red lights. |
Statistics on the causes of breaches are all over the place, but there is one |
thing that can be said with a high degree of certainty: In most data |
breaches, human error has played a significant role in enabling or failing to |
prevent the breach. Humans are the largest component of the data security |
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