1 00:00:00,000 --> 00:00:02,000 - [Narrator] Many of the laws that impact 2 00:00:02,000 --> 00:00:04,004 information security professionals are designed 3 00:00:04,004 --> 00:00:07,000 to protect the privacy of individuals 4 00:00:07,000 --> 00:00:10,006 and protect individuals against both identity theft 5 00:00:10,006 --> 00:00:13,009 and the unwanted disclosure of personal information. 6 00:00:13,009 --> 00:00:16,009 In the United States we have a patchwork of laws 7 00:00:16,009 --> 00:00:19,000 that affect different industries 8 00:00:19,000 --> 00:00:21,002 depending upon the nature of their business 9 00:00:21,002 --> 00:00:24,003 and the types of sensitive information that they handle. 10 00:00:24,003 --> 00:00:27,003 Probably the most well known of these laws is the 11 00:00:27,003 --> 00:00:31,003 Health Insurance Portability and Accountability Act or HIPAA 12 00:00:31,003 --> 00:00:35,004 Passed in 1996 HIPAA places strict privacy 13 00:00:35,004 --> 00:00:39,004 and security regulations on healthcare providers 14 00:00:39,004 --> 00:00:43,002 health insurers and health information clearinghouses. 15 00:00:43,002 --> 00:00:45,007 These three groups collectively known 16 00:00:45,007 --> 00:00:47,004 as HIPAA covered entities 17 00:00:47,004 --> 00:00:50,006 must insure the privacy and security 18 00:00:50,006 --> 00:00:55,003 of protected health information or PHI that they handle. 19 00:00:55,003 --> 00:00:58,007 HIPAA was updated in 2009 with the passage of the 20 00:00:58,007 --> 00:01:00,005 Health Information Technology 21 00:01:00,005 --> 00:01:04,007 for Economic and Clinical Health or HITECH Act. 22 00:01:04,007 --> 00:01:08,007 the Family Educational Rights and Privacy Act or FERPA 23 00:01:08,007 --> 00:01:12,003 regulates how educational institutions may handle 24 00:01:12,003 --> 00:01:14,007 student educational records. 25 00:01:14,007 --> 00:01:17,002 FERPA provides students and their parents, 26 00:01:17,002 --> 00:01:18,005 if the student is under 18 27 00:01:18,005 --> 00:01:21,004 the right to inspect educational records 28 00:01:21,004 --> 00:01:24,006 and request corrections to those records. 29 00:01:24,006 --> 00:01:26,006 FERPA also restricts the ways 30 00:01:26,006 --> 00:01:28,008 that educational institutions may use 31 00:01:28,008 --> 00:01:31,002 and release educational records 32 00:01:31,002 --> 00:01:33,005 without the students consent. 33 00:01:33,005 --> 00:01:36,000 The Gramm Leach Bliley Act GLBA 34 00:01:36,000 --> 00:01:40,006 passed in 1999 covers the financial services sector. 35 00:01:40,006 --> 00:01:44,001 GLBA requires that all financial institutions 36 00:01:44,001 --> 00:01:46,008 have a written information security program 37 00:01:46,008 --> 00:01:49,003 and designate a specific individual 38 00:01:49,003 --> 00:01:52,000 who is responsible for information security. 39 00:01:52,000 --> 00:01:55,007 GLBA also regulates the ways that financial institutions 40 00:01:55,007 --> 00:01:58,002 may share private information 41 00:01:58,002 --> 00:02:00,006 even when sharing it with other subsidiaries 42 00:02:00,006 --> 00:02:02,008 of the same company. 43 00:02:02,008 --> 00:02:06,002 The Children's Online Privacy Protection Act COPPA 44 00:02:06,002 --> 00:02:09,005 protects the privacy of children under the age of 13 45 00:02:09,005 --> 00:02:11,006 when they are accessing websites. 46 00:02:11,006 --> 00:02:14,000 COPPA requires that websites 47 00:02:14,000 --> 00:02:16,008 that knowingly collect information from children 48 00:02:16,008 --> 00:02:18,009 have a written privacy policy 49 00:02:18,009 --> 00:02:21,000 and provide parents with the ability 50 00:02:21,000 --> 00:02:24,005 to review and delete information about their child. 51 00:02:24,005 --> 00:02:26,006 COPPA also requires that parents 52 00:02:26,006 --> 00:02:29,002 give concent for the collection of information 53 00:02:29,002 --> 00:02:31,004 from children under the age of 13 54 00:02:31,004 --> 00:02:34,002 before that collection takes place. 55 00:02:34,002 --> 00:02:36,006 One often misunderstood law is the 56 00:02:36,006 --> 00:02:39,004 Privacy Act of 1974. 57 00:02:39,004 --> 00:02:42,000 The name of this act seems very broad 58 00:02:42,000 --> 00:02:43,009 and people often misinterpret it 59 00:02:43,009 --> 00:02:46,006 as applying to all organizations. 60 00:02:46,006 --> 00:02:48,004 The Privacy Act does restrict 61 00:02:48,004 --> 00:02:50,005 the sharing of personal information 62 00:02:50,005 --> 00:02:53,006 but it only applies to federal government agencies 63 00:02:53,006 --> 00:02:55,009 and has no affect on regulating 64 00:02:55,009 --> 00:02:58,008 private individuals or organizations. 65 00:02:58,008 --> 00:03:01,006 While the United States has a patchwork of laws 66 00:03:01,006 --> 00:03:03,007 that cover very specific use cases 67 00:03:03,007 --> 00:03:06,009 the European Union approaches data privacy 68 00:03:06,009 --> 00:03:08,008 in a completely different way. 69 00:03:08,008 --> 00:03:11,009 The European Union's Data Protections laws 70 00:03:11,009 --> 00:03:14,005 cover many different types of personal information 71 00:03:14,005 --> 00:03:16,005 in a very broad fashion. 72 00:03:16,005 --> 00:03:20,003 EU law requires that organizations handling information 73 00:03:20,003 --> 00:03:23,003 about EU citizens follow six principles 74 00:03:23,003 --> 00:03:27,001 first personal information must be processed 75 00:03:27,001 --> 00:03:30,009 lawfully, fairly and in a transparent manner 76 00:03:30,009 --> 00:03:33,005 in relation to the data subject. 77 00:03:33,005 --> 00:03:36,000 Information must be collected for specific 78 00:03:36,000 --> 00:03:37,005 and legitimate purposes 79 00:03:37,005 --> 00:03:39,008 and not further processed in a way 80 00:03:39,008 --> 00:03:42,006 that's incompatible with those purposes. 81 00:03:42,006 --> 00:03:44,009 Information collection must be limited 82 00:03:44,009 --> 00:03:46,008 to the minimum information necessary 83 00:03:46,008 --> 00:03:49,001 to achieve the specific purposes. 84 00:03:49,001 --> 00:03:53,004 And information must be kept accurate and up to date. 85 00:03:53,004 --> 00:03:55,004 Information must also be kept in a form 86 00:03:55,004 --> 00:03:57,007 which permits the identification of data subjects 87 00:03:57,007 --> 00:04:01,000 for no longer than is absolutely necessary. 88 00:04:01,000 --> 00:04:04,004 And finally information processing must take place 89 00:04:04,004 --> 00:04:07,001 under the responsibility and liability 90 00:04:07,001 --> 00:04:09,009 of a designated data controller. 91 00:04:09,009 --> 00:04:12,001 European Union law on data privacy 92 00:04:12,001 --> 00:04:14,006 is currently in a state of transition. 93 00:04:14,006 --> 00:04:16,004 As the EU adopts a new 94 00:04:16,004 --> 00:04:20,005 General Data Protection Regulation or GDPR 95 00:04:20,005 --> 00:04:24,003 which is scheduled to go into effect in 2018.