{"id":15424,"date":"2019-05-29T11:10:08","date_gmt":"2019-05-29T19:10:08","guid":{"rendered":"https:\/\/www.palada.net\/index.php\/2019\/05\/29\/news-9173\/"},"modified":"2019-05-29T11:10:08","modified_gmt":"2019-05-29T19:10:08","slug":"news-9173","status":"publish","type":"post","link":"http:\/\/www.palada.net\/index.php\/2019\/05\/29\/news-9173\/","title":{"rendered":"NIST&#8217;s privacy framework lets privacy tell its own story"},"content":{"rendered":"<p><strong>Credit to Author: David Ruiz| Date: Wed, 29 May 2019 18:51:40 +0000<\/strong><\/p>\n<p>Online privacy remains unsolved. Congress <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/blog.malwarebytes.com\/security-world\/privacy-security-world\/2019\/03\/what-congress-means-when-it-talks-about-data-privacy-legislation\/\" target=\"_blank\">prods at it<\/a>, some companies <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/blog.malwarebytes.com\/security-world\/2019\/03\/facebooks-history-betrays-its-privacy-pivot\/\" target=\"_blank\">fumble with it<\/a> (while a small handful excel), and the public <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/blog.malwarebytes.com\/security-world\/2019\/03\/labs-survey-finds-privacy-concerns-distrust-of-social-media-rampant-with-all-age-groups\/\" target=\"_blank\">demands it<\/a>. But one government agency is trying to bring everyone together to fix it.<\/p>\n<p>As the Senate sits on no fewer than four data privacy bills that their own members wrote\u2014with no plans to vote on any\u2014and as the world\u2019s largest social media company braces for an <a href=\"https:\/\/www.nytimes.com\/2019\/04\/24\/technology\/facebook-ftc-fine-privacy.html\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">anticipated multibillion-dollar privacy blunder<\/a>, the US National Institute of Standards and Technology (NIST) has published what it calls a \u201cprivacy framework\u201d draft. <\/p>\n<p>Non-binding, unenforceable, and entirely voluntary to adopt, the NIST privacy framework draft serves mainly as a roadmap. Any and all companies, organizations, startups, and agencies can look to it for advice in managing the privacy risks of their users. <\/p>\n<p>The framework draft offers dozens of actions that a company can take on to investigate, mitigate, and communicate its privacy risks, both to users and executives within the company. Nearly no operational idea is left unturned. <\/p>\n<p>Have a series of third-party vendors in a large supply chain? The NIST framework has a couple of ideas on how to secure that. What about countless employees with just as many logins and passwords? The framework considers that, too. Ever pondered the enormous meaning of \u201cdata security\u201d for your company? The NIST framework has a couple of entry points for how to protect data at rest and in transit. <\/p>\n<p>Though wrought in government-speak and at times indecipherable nomenclature (suggested company actions are called \u201csubcategories\u201d), the 37-page privacy framework, according to one of its authors, has a simple and equally elegant purpose: It could finally let privacy tell its own story. <\/p>\n<p>\u201cTo date, security [professionals] are telling a dramatic story. \u2018We had these threats. Look what happened to these companies here,\u2019\u201d said NIST Senior Privacy Policy Advisor Naomi Lefkovitz. \u201cBut privacy [professionals] are over here saying \u2018Privacy is a very important value,\u2019 which is true, but it\u2019s not quite as compelling when resources are being allocated.\u201d<\/p>\n<p>Lefkovitz continued: \u201cWe want privacy to be able to tell an equally compelling story.\u201d<\/p>\n<p>If successful, the NIST privacy framework could improve user privacy within organizations across the United States. It could better equip privacy officers to convince their companies to bulk up internal controls. And it could create an agreed-upon direction for privacy. <\/p>\n<p>There are, of course, obstacles. A voluntary framework is only as successful as it is attractive\u2014overly ambitious guidelines could turn the framework into a dud, tossed aside by the companies that handle the most user data. <\/p>\n<p>Also, the framework should work in coordination with current data protection laws, rather than trying to overwrite those laws\u2019 requirements. For example, as companies have built up their internal controls to comply with the European Union\u2019s sweeping data protection law, <a href=\"https:\/\/blog.malwarebytes.com\/security-world\/privacy-security-world\/2018\/05\/gdpr-causes-a-flood-of-new-policies\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"the General Data Protection Regulation (opens in a new tab)\">the General Data Protection Regulation<\/a>, a new approach to privacy could be seen as time-consuming, costly, and unnecessary. <\/p>\n<p>Despite the potential roadblocks, NIST has been here before. Six years ago, the government agency was tasked with making a separate framework\u2014one for cybersecurity. <\/p>\n<h3>The NIST cybersecurity framework<\/h3>\n<p>In 2013, <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/obamawhitehouse.archives.gov\/the-press-office\/2013\/02\/12\/executive-order-improving-critical-infrastructure-cybersecurity\" target=\"_blank\">through Executive Order 13636<\/a>, President Barack Obama asked NIST to develop a strategy on securing the nation\u2019s critical infrastructure from cyberattacks. This strategy, or framework, would include \u201cstandards, methodologies, procedures, and processes that align policy, business, and technological approaches to address cyber risks.\u201d It would be voluntary, flexible, repeatable, and cost-effective for organizations to take on. <\/p>\n<p>On February 12, 2014, NIST published the first version of its cybersecurity framework. The framework\u2019s so-called \u201ccore\u201d includes five functions that a company can take on to manage cybersecurity risks. Those functions are:<\/p>\n<ul>\n<li>Identify <\/li>\n<li>Protect <\/li>\n<li>Detect <\/li>\n<li>Respond<\/li>\n<li>Recover <\/li>\n<\/ul>\n<p>Each function includes \u201ccategories\u201d and \u201csubcategories,\u201d the latter of which are actually outcomes that a company can try to achieve. It may sound confusing, but the framework simply organizes potential cybersecurity goals based on their purpose, whether that means identifying cybersecurity risks, protecting against those risks, detecting problems when they arise, or responding and recovering from them later on. <\/p>\n<p>Several years, multiple workshops, more than 120 submitted comments, and one major update later, <a href=\"https:\/\/nvlpubs.nist.gov\/nistpubs\/CSWP\/NIST.CSWP.04162018.pdf\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">the framework<\/a> has proved largely popular. <\/p>\n<p>According to annual surveys of cybersecurity professionals by the Information Systems Security Association and Enterprise Strategy Group, the NIST cybersecurity framework has taken hold. In 2018, <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/cdn.ymaws.com\/www.issa.org\/resource\/resmgr\/surveys\/esg-issa-2018-survey-results.pdf\" target=\"_blank\">46 percent of the survey\u2019s 267 respondents<\/a> said that they had \u201cadopted some portions or all of the NIST cybersecurity framework\u201d in the past two years. That same response showed up as a top five cybersecurity measure in <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.esg-global.com\/esg-issa-research-report-2017\" target=\"_blank\">2017<\/a> and <a href=\"https:\/\/www.esg-global.com\/esg-issa-research-report-2016\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">2016<\/a>. <\/p>\n<p>In April 2018, when NIST released the cybersecurity framework\u2019s Version 1.1 update, the US Chamber of Commerce, the Business Roundtable, and the Information Technology Industry Council <a href=\"https:\/\/www.asisonline.org\/publications--resources\/news\/blog\/latest-version-of-nist-cybersecurity-framework-draws-worthy-praise-from-business-groups\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">all spoke in favor<\/a>, with the Chamber of Commerce calling the framework \u201ca pillar for managing enterprise cyber risks and threats.\u201d <\/p>\n<p>For NIST, the challenge will be translating these successes to privacy. <\/p>\n<p>\u201cPrivacy is, if anything, more contextual than security, and therefore, it makes it very difficult to make one-size-fits-all rules and expect to get effective privacy solutions,\u201d said Lefkovitz. \u201cYou can certainly get a checklist of solutions, but that doesn\u2019t mean you\u2019re providing any privacy benefits.\u201d<\/p>\n<h3>The NIST privacy framework  <\/h3>\n<p>The NIST privacy framework draft, published last month after a <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.federalregister.gov\/documents\/2018\/11\/14\/2018-24714\/developing-a-privacy-framework#footnote-4-p56825\" target=\"_blank\">48-day open comment period<\/a>, is modeled closely to NIST\u2019s cybersecurity framework. The privacy framework, just like the cybersecurity framework, has a core that includes five functions, each with its own categories and subcategories, the latter of which, again, actually describe outcomes. The privacy framework\u2019s five core functions are: <\/p>\n<ul>\n<li>Identify<\/li>\n<li>Protect <\/li>\n<li>Control <\/li>\n<li>Inform<\/li>\n<li>Respond<\/li>\n<\/ul>\n<p>Again, companies can voluntarily use the framework as a tool, choosing the areas of privacy risk management where they need support. <\/p>\n<p>For example, a company that wants to identify the privacy risks to its users can explore its inventory and mapping processes, supply chain risk management, and governance, which covers a company\u2019s policies and regulatory and legal requirements. A company that wants to protect against privacy risks can look at achieving a number of options, including insuring that both remote access and physical access to data and devices are managed. Companies could also, for example, make sure that data is destroyed according to company policy. <\/p>\n<p>The privacy framework has been well received, but there are improvements to be made. <\/p>\n<p>\u201cI think the draft is good as a starting point,\u201d said Amie Stepanovich, US policy manager for Access Now, a digital rights and free expression advocacy group that submitted comments to NIST about the privacy framework. \u201cIt is a draft, though.\u201d <\/p>\n<p>Stepanovich said she liked that the privacy framework draft will be revisited in the future, and that it does not try to present a \u201cone-size-fits-all\u201d solution to privacy. She also said that she hopes the privacy framework can dovetail with current data protection laws, and not serve as a replacement to much-needed data privacy legislation. <\/p>\n<p>Stepanovich added that the privacy framework\u2019s focus on the user represents a potentially enormous shift for privacy risk management for many companies. Currently, Stepanovich said, privacy risk operates on three levers\u2014legal liability risks, public relations risks, and future regulatory risks. Basically, companies calculate their privacy risk based on whether they\u2019ll face a lawsuit, look bad in the newspaper, or look so bad in front of Congress that an entirely new law is crafted to rein them in. <\/p>\n<p>The focus on the user, Stepanovich said, could meaningfully communicate to the public that their data is being protected in an all new way. <\/p>\n<p>\u201cThe trust that people can have in companies\u2014or data processors\u2014will not come from legal compliance, because nobody says \u2018Trust me, I do exactly what I have to do to not be sued,\u2019\u201d Stepanovich said. \u201cIf [data processors] are going beyond what needs to be done to serve interests of people who may be put at risk through their behavior, that starts to look like something people will pay attention to.\u201d <\/p>\n<p>But going above and beyond the current legal compliance landscape could actually be a roadblock for some companies. <\/p>\n<p>When NIST opened its email box up for public comments, one major lobbying group <a href=\"https:\/\/internetassociation.org\/files\/ia_comments-to-nist-rfi-on-privacy-framework-181101997-8997-01_01_14_2018_privacy\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">suggested a list of \u201cminimum attributes\u201d to be included<\/a>. The Internet Association, which represents the public policy interests of Google, Facebook, Uber, Airbnb, Amazon, and Twitter, just to name a few, asked that the framework have \u201ccompatibility with other privacy approaches.\u201d <\/p>\n<p>For many of the group\u2019s represented companies, legal compliance <em>is<\/em> part of their privacy approach, and NIST\u2019s privacy framework draft proposes a few outcomes that do not entirely line up with current legal requirements in the US. <\/p>\n<p>For example, the privacy framework suggests that companies could structure their data management to \u201cprotect individuals\u2019 privacy and increase manageability.\u201d Some of the ways to do that, the privacy framework suggests, are by giving users the control to access, alter, and delete the data stored about them. <\/p>\n<p>But a company that adheres to those suggestions could potentially face questions about how to fulfill certain government requests in which US intelligence agencies demand a user\u2019s online messages or activity as part of an investigation. <\/p>\n<p>Another \u201cminimum attribute\u201d proposed by the Internet Association is also missing from the draft: \u201cCommon and Accessible Language.\u201d <\/p>\n<p>A similar matter proved a pain point for Stepanovich, who is not associated with the Internet Association. <\/p>\n<p>\u201cThis is not a draft document that people can easily understand,\u201d Stepanovich said. She compared the privacy framework draft to, somewhat surprisingly, the hit ABC drama \u201cLost,\u201d a circuitous six-season television show that included a disappearing island, time travel, and storytelling techniques such as flashbacks, flash-forwards and, remarkably, what can only be described as \u201cflash-sideways\u201d moments into a parallel, maybe-Heaven dimension. <\/p>\n<p>\u201cThis is the \u2018Lost\u2019 problem,\u201d Stepanovich said. \u201c\u2019Lost\u2019 lost viewers every season because you couldn\u2019t start watching it in season three and have any clue\u2014it required watching every episode, and it kept getting more complicated, providing no entry point.\u201d <\/p>\n<p>TV analogies aside, Stepanovich\u2019s bigger point is this: With no entry point for non-techies, the individuals who could be most impacted by this privacy framework will miss out on the opportunity to shape it. <\/p>\n<p>\u201cIt shouldn\u2019t just be cybersecurity, those who focus on tech, because tech is not necessarily the most at-risk community here. LGBT [individuals], civil rights [defenders], immigrants\u2014populations who have a higher stake in the privacy conversation,\u201d Stepanovich said. \u201cIf it is too difficult for us to understand, it is impossible for those groups to get in there and have the resources to devote to this issue. They need to be there.\u201d  <\/p>\n<h3>Beyond the draft<\/h3>\n<p>NIST\u2019s privacy framework draft is just that, a draft. The agency scheduled a <a href=\"https:\/\/www.nist.gov\/news-events\/events\/2019\/05\/webinar-nist-privacy-framework-discussion-draft\">webinar<\/a> for May 28 and a <a href=\"https:\/\/www.nist.gov\/news-events\/events\/2019\/07\/getting-v10-nist-privacy-framework-workshop-3\">public workshop<\/a> in Boise, Idaho, on July 8 and 9. Registration is free. A preliminary draft is expected in the summer, with Version 1.0 to be published in October. <\/p>\n<p>Until then, everyone is invited to share their thoughts with NIST about what they expect to see from the privacy framework. We at Malwarebytes know you care about privacy\u2014you\u2019ve told us before. Feel free to tell your story about privacy. It could help shape the topic&#8217;s future. <\/p>\n<p>The post <a rel=\"nofollow\" href=\"https:\/\/blog.malwarebytes.com\/privacy-2\/2019\/05\/nists-privacy-framework-lets-privacy-tell-its-own-story\/\">NIST&#8217;s privacy framework lets privacy tell its own story<\/a> appeared first on <a rel=\"nofollow\" href=\"https:\/\/blog.malwarebytes.com\">Malwarebytes Labs<\/a>.<\/p>\n<p><a href=\"https:\/\/blog.malwarebytes.com\/privacy-2\/2019\/05\/nists-privacy-framework-lets-privacy-tell-its-own-story\/\" target=\"bwo\" >https:\/\/blog.malwarebytes.com\/feed\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p><strong>Credit to Author: David Ruiz| Date: Wed, 29 May 2019 18:51:40 +0000<\/strong><\/p>\n<table cellpadding='10'>\n<tr>\n<td valign='top' align='center'><a href='https:\/\/blog.malwarebytes.com\/privacy-2\/2019\/05\/nists-privacy-framework-lets-privacy-tell-its-own-story\/' title='NIST's privacy framework lets privacy tell its own story'><img src='https:\/\/blog.malwarebytes.com\/wp-content\/uploads\/2019\/05\/NIST-Building-Boulder-Colorado.jpg' border='0'  width='300px'  \/><\/a><\/td>\n<\/tr>\n<tr>\n<td valign='top' align='left'>As the Senate sits on no fewer than four data privacy bills that their own members wrote\u2014with no plans to vote on any\u2014and as the world\u2019s largest social media company braces for an anticipated multibillion-dollar privacy blunder, the US National Institute of Standards and Technology (NIST) has published what it calls a \u201cprivacy framework\u201d draft. <\/p>\n<p>Categories: <\/p>\n<ul class=\"post-categories\">\n<li><a href=\"https:\/\/blog.malwarebytes.com\/category\/privacy-2\/\" rel=\"category tag\">Privacy<\/a><\/li>\n<\/ul>\n<p>Tags: <a href=\"https:\/\/blog.malwarebytes.com\/tag\/access-now\/\" rel=\"tag\">Access Now<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/amazon\/\" rel=\"tag\">amazon<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/business-roundatble\/\" rel=\"tag\">Business Roundatble<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/cybersecurity\/\" rel=\"tag\">cybersecurity<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/cybersecurity-framework\/\" rel=\"tag\">cybersecurity framework<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/enterprise-strategy-group\/\" rel=\"tag\">Enterprise Strategy Group<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/facebook\/\" rel=\"tag\">facebook<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/google\/\" rel=\"tag\">Google<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/information-systems-security-association\/\" rel=\"tag\">Information Systems Security Association<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/information-technology-industry-council\/\" rel=\"tag\">Information Technology Industry Council<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/internet-association\/\" rel=\"tag\">Internet Association<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/national-institute-of-standards-and-technology\/\" rel=\"tag\">National Institute of Standards and Technology<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/nist\/\" rel=\"tag\">NIST<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/privacy\/\" rel=\"tag\">privacy<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/privacy-framework\/\" rel=\"tag\">privacy framework<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/twitter\/\" rel=\"tag\">twitter<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/uber\/\" rel=\"tag\">Uber<\/a><a href=\"https:\/\/blog.malwarebytes.com\/tag\/us-chamber-of-commerce\/\" rel=\"tag\">US Chamber of Commerce<\/a><\/p>\n<table width='100%'>\n<tr>\n<td align=right>\n<p><b>(<a href='https:\/\/blog.malwarebytes.com\/privacy-2\/2019\/05\/nists-privacy-framework-lets-privacy-tell-its-own-story\/' title='NIST's privacy framework lets privacy tell its own story'>Read more&#8230;<\/a>)<\/b><\/p>\n<\/td>\n<\/tr>\n<\/table>\n<\/td>\n<\/tr>\n<\/table>\n<p>The post <a rel=\"nofollow\" href=\"https:\/\/blog.malwarebytes.com\/privacy-2\/2019\/05\/nists-privacy-framework-lets-privacy-tell-its-own-story\/\">NIST&#8217;s privacy framework lets privacy tell its own story<\/a> appeared first on <a rel=\"nofollow\" href=\"https:\/\/blog.malwarebytes.com\">Malwarebytes Labs<\/a>.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","footnotes":""},"categories":[10488,10378],"tags":[21894,5588,21895,4500,19933,21896,3589,1670,15813,21897,21898,14185,11711,5897,21899,454,3011,21900],"class_list":["post-15424","post","type-post","status-publish","format-standard","hentry","category-malwarebytes","category-security","tag-access-now","tag-amazon","tag-business-roundatble","tag-cybersecurity","tag-cybersecurity-framework","tag-enterprise-strategy-group","tag-facebook","tag-google","tag-information-systems-security-association","tag-information-technology-industry-council","tag-internet-association","tag-national-institute-of-standards-and-technology","tag-nist","tag-privacy","tag-privacy-framework","tag-twitter","tag-uber","tag-us-chamber-of-commerce"],"_links":{"self":[{"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/posts\/15424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/comments?post=15424"}],"version-history":[{"count":0,"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/posts\/15424\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/media?parent=15424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/categories?post=15424"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.palada.net\/index.php\/wp-json\/wp\/v2\/tags?post=15424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}