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What SAbiz must know about GDPR and POPI

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In remaining compliant with new data protection legislation, companies can generate even greater value from their data, says CLEO BECKER, Regional Counsel Sub-Saharan Africa, Middle East, Pakistan, Turkey and Israel for Hitachi Data Systems.

The conversation around data has become increasingly complex – with multiple pieces of data-focused legislation in play, companies no longer need to simply know how to unlock the value in their data, but also how to make sure they remain compliant.

With the General Data Protection Regulation (GDPR) coming into effect on 25 May 2018, it’s important for South African businesses which conduct business in the EU to understand exactly how they will be affected. According to the legislation any company which processes the personal data of EU residents in connection with the offering of goods or services, or monitors the behaviour of those residents may need to comply.

GDPR will affect SA businesses

There are a number of key requirements set out in Article 5 of the GDPR, which include the responsibility for companies to process personal data lawfully, fairly and in a transparent manner, as well as to ensure that personal data is kept accurate and up to date, and only retained for as long as is necessary for a company to achieve the purposes for which the personal data was collected.

There are further requirements stipulated in the legislation of which companies need to take note.  One of the most topical of these may be the obligation for personal data to be processed in a manner that ensures appropriate security of that data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. This is particularly the case due to the growing threat of cyberattacks which target personal data.

These requirements make it essential for companies to know what kind of personal data they hold and where it is stored.

How POPI fits into the picture

To complicate matters, South African companies also need to comply with the Protection of Personal Information Act (POPI).

Luckily, the provisions across the two pieces of data protection legislation are so similar (save for naming conventions) that complying with the GDPR means complying with POPI should be smooth sailing. For example, both POPI and the GDPR necessitate compliance with certain principles when processing personal data, they both require the regulator be notified in the case of a privacy breach (although notification time periods differ), both POPI and GDPR call for a data protection officer to be appointed, and both place restrictions on and requirements for what personal data can be sent outside of the EU (in the case of the GDPR) and South Africa (in the case of POPI).

Unlike the GDPR, we don’t know when POPI will come into effect. What we do know is that there will be a one-year transitional period for companies to become compliant once the date of implementation is announced.

Make sure you’re ready

Both POPI and the GDPR require companies to identify all the personal data they hold, keep that personal data up to date and accurate, set retention policies around each piece of personal data and put appropriate security safeguards in place to prevent unauthorised access, loss, damage, modification or destruction of that data. This means businesses need to make sure they employ industry best practice when it comes to their technology, IT processes and security, ensuring they have clear policies in place; that their staff are properly trained; and that there is adequate protection in their supplier contracts.

To meet these security requirements, companies may also wish to consider technology functionality such as encryption, and ensure that they back up or replicate their data in accordance with best practices to avoid losses.

How tech can help

Technology will play a big role in efficient compliance with GDPR and POPI as large amounts of data need to be clearly identified and stored for certain periods.

Technology can help companies make sense of their data and increase efficiencies through automation. For example, it can assist in responding to requests from both data subjects and regulators in a timely manner by making the data easily searchable. Once personal data is identified technology can be used to set further controls around who accesses the personal data and for how long it needs to be retained. Service providers like Hitachi will assist with the compliance journey by identifying what personal data the company holds, where that data is located (on premises or in the cloud) and assessing whether it includes personal data or sensitive personal data – particularly as different rules apply to both.

Once the personal data is identified, Hitachi makes use of the Hitachi Content Platform to store the data. This platform makes use of object storage, which allows companies to further enrich the metadata on their files to make them more easily searchable, independent of applications.

Hitachi Content Intelligence can then be used to search for and set controls on files within the Hitachi Content Platform. For example, a company could locate all of its files which contain a credit card or identity number and then set controls on who can access those files, and alerts as to when those files need to be deleted.

It’s no secret that data is increasingly becoming the lifeblood of organisations – gaining greater insight into that data not only assists with regulatory compliance, but also with identifying and uncovering new revenue opportunities.

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Bring your network with you

At last week’s Critical Communications World, Motorola unveiled the LXN 500 LTE Ultra Portable Network Infrastructure. It allows rescue personal to set up dedicated LTE networks for communication in an emergency, writes SEAN BACHER.

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In the event of an emergency, communications are absolutely critical, but the availability of public phone networks are limited due to weather conditions or congestion.

Motorola realised that this caused a problem when trying to get rescue personnel to those in need and so developed its LXN 500 LTE Ultra Portable Network Infrastructure. The product is the smallest and lightest full powered broadband network to date and allows the first person on the scene to set up an LTE network in a matter of minutes, allowing other rescue team members to communicate with each other.

“The LXN 500 weighs six kilograms and comes in a backpack with two batteries. It offers a range of 1km and allows up to 100 connections at the same time. However, in many situations the disaster area may span more than 1km which is why they can be connected to each other in a mesh formation,” says Tunde Williams, Head of Field and Solutions Marketing EMEA, Motorola Solutions.

The LXN 500 solution offers communication through two-way radios, and includes mapping, messaging, push-to-talk, video and imaging features onboard, thus eliminating the need for any additional hardware.

Data collected on the device can then be sent through to a central control room where an operator can deploy additional rescue personnel where needed. Once video is streamed into the control room, realtime analytics and augmented reality can be applied to it to help predict where future problem points may arise. Video images and other multimedia can also be made available for rescuers on the ground.

“Although the LXN 500 was designed for the seamless communications between on ground rescue teams and their respective control rooms, it has made its way into the police force and in places where there is little or no cellular signal such as oil rigs,” says Williams.

He gave a hostage scenario: “In the event of a hostage situation, it is important for the police to relay information in realtime to ensure no one is hurt. However the perpetrators often use their mobile phones to try and foil any rescue attempts. Should the police have the correct partnerships in place they are able to disable cellular towers in the vicinity, preventing any in or outgoing calls on a public network and allowing the police get their job done quickly and more effectively.”

By disabling any public networks in the area, police are also able to eliminate any cellular detonated bombs from going off but still stay in touch with each other he says.

The LXN 500 offers a wide range of mission critical cases and is sure to transform communications and improve safety for first responders and the people they are trying to protect.

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Kaspersky moves to Switzerland

As part of its Global Transparency Initiative, Kaspersky Lab is adapting its infrastructure to move a number of core processes from Russia to Switzerland.

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This includes customer data storage and processing for most regions, as well as software assembly, including threat detection updates. To ensure full transparency and integrity, Kaspersky Lab is arranging for this activity to be supervised by an independent third party, also based in Switzerland.

Global transparency and collaboration for an ultra-connected world

The Global Transparency Initiative, announced in October 2017, reflects Kaspersky Lab’s ongoing commitment to assuring the integrity and trustworthiness of its products. The new measures are the next steps in the development of the initiative, but they also reflect the company’s commitment to working with others to address the growing challenges of industry fragmentation and a breakdown of trust. Trust is essential in cybersecurity, and Kaspersky Lab understands that trust is not a given; it must be repeatedly earned through transparency and accountability.

The new measures comprise the move of data storage and processing for a number of regions, the relocation of software assembly and the opening of the first Transparency Center.

Relocation of customer data storage and processing

By the end of 2019, Kaspersky Lab will have established a data center in Zurich and in this facility, will store and process all information for users in Europe, North America, Singapore, Australia, Japan and South Korea, with more countries to follow. This information is shared voluntarily by users with the Kaspersky Security Network (KSN) an advanced, cloud-based system that automatically processes cyberthreat-related data.

Relocation of software assembly

Kaspersky Lab will relocate to Zurich its ‘software build conveyer’ — a set of programming tools used to assemble ready to use software out of source code. Before the end of 2018, Kaspersky Lab products and threat detection rule databases (AV databases) will start to be assembled and signed with a digital signature in Switzerland, before being distributed to the endpoints of customers worldwide. The relocation will ensure that all newly assembled software can be verified by an independent organisation and show that software builds and updates received by customers match the source code provided for audit.

Establishment of the first Transparency Center

The source code of Kaspersky Lab products and software updates will be available for review by responsible stakeholders in a dedicated Transparency Center that will also be hosted in Switzerland and is expected to open this year. This approach will further show that generation after generation of Kaspersky Lab products were built and used for one purpose only: protecting the company’s customers from cyberthreats.

Independent supervision and review

Kaspersky Lab is arranging for the data storage and processing, software assembly, and source code to be independently supervised by a third party qualified to conduct technical software reviews. Since transparency and trust are becoming universal requirements across the cybersecurity industry, Kaspersky Lab supports the creation of a new, non-profit organisation to take on this responsibility, not just for the company, but for other partners and members who wish to join.

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