GDPR Article 32 – Security

GDPR Article 32 on Information Security

For most businesses, information security is the biggest risk associated with GDPR.

However, GDPR provides very little guidance for organisations regarding information security.

GDPR primarily instructs organisations to do a security risk assessment (which includes Processors, referenced by Article 28), and consider encryption and pseudonymization. Effective governance and operational and technical management require a lot more controls, which just aren’t stated.

We strongly recommend engaging a competent information security practitioner to assess and manage your security controls.

The security obligations in GDPR are primarily written in article 32.

What Does GDPR Article 32 Say?

  1. 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:

    (a) the pseudonymisation and encryption of personal data;

    (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

    (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

    (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

  2. 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.

  3. Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out in paragraph 1 of this Article.

  4. The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process them except on instructions from the controller, unless he or she is required to do so by Union or Member State law.

How Do We Comply With GDPR Article 32 on Security

As mentioned, we strongly recommend engaging competent information security practitioners to establish appropriate frameworks, governance, management and, organisational, operational and technical controls.

It is a complex area.

The cost of getting it wrong can be significant, as evidenced by many companies every day, including some big names (M&S, Co-Op, Jaguar Landrover, etc).

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