Data Security under GDPR
Article 32 of the GDPR requires controllers and processors to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Security Requirements
Organizations must implement measures to ensure:
- Confidentiality: Data is only accessible to authorized individuals
- Integrity: Data is accurate and cannot be modified in unauthorized ways
- Availability: Data and systems are accessible when needed
- Resilience: Systems can withstand and recover from attacks or incidents
Appropriate Technical Measures
Article 32 specifically mentions:
- Pseudonymization and encryption of personal data
- Ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services
- Ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident
- Process for regularly testing, assessing and evaluating effectiveness of technical and organizational measures
Additional technical measures may include:
- Access controls and authentication
- Network security (firewalls, intrusion detection)
- Secure software development practices
- Regular security updates and patches
- Secure data destruction procedures
- Data loss prevention tools
Appropriate Organizational Measures
Organizations should implement:
- Security policies and procedures
- Staff training and awareness programs
- Incident response plans
- Access control policies (need-to-know basis)
- Clear allocation of security responsibilities
- Supplier and third-party management
- Regular security audits and reviews
- Physical security measures
Risk-Based Approach
The appropriate level of security must take into account:
- State of the art in security technology
- Cost of implementation
- Nature, scope, context and purposes of processing
- Risks of varying likelihood and severity for individuals' rights and freedoms
High-risk processing requires more robust security measures.
Processor Obligations
Article 28 requires that processors provide sufficient guarantees to implement appropriate technical and organizational measures. Processors must:
- Only process data on documented instructions from the controller
- Ensure confidentiality of personnel
- Implement appropriate security measures
- Assist controllers in meeting their security obligations