Written by Anne Kimbol, Assistant General Counsel – Chief Privacy Officer at HITRUST
The Facebook-Cambridge Analytica issue became public at the same time businesses were working towards the May 25th deadline for compliance with the European Union’s General Data Protection Regulation (GDPR). Timing is not the only commonality here; they both tell a vital story about privacy best practices and third parties.
The GDPR states that the party responsible for the data retains responsibility no matter where the data goes; this is consistent with privacy laws and frameworks worldwide. Likewise, Congress pushed Mark Zuckerberg, Facebook CEO, on third party use of data, asking who gets data from Facebook and what limits there are on how they can use it. It appears that Facebook has been giving information to researchers and app developers with some privacy language in the contract but no auditing or follow-up. The end result of that privacy posture should not be a surprise.
Privacy officers can use these headlines to remind the C-suite that privacy is important and requires proper resources not just for internal implementation and monitoring but also a similar focus on third parties (nothing like a possible 20 million euro fine or a hearing about a CEO’s net worth dropping $9 billion in a 48-hour period to get people’s attention). While auditing the privacy practices of all third parties receiving data can seem like an overwhelming project for most businesses, HITRUST can help.
While the CSF is best known in the security world, it includes privacy best practices and risk management and GDPR requirements. Companies who require HITRUST privacy and security certification prior to and during the life of any contract allowing the sharing of data with outside entities have an efficient and effective method of monitoring joint data controllers or data processors and the privacy of their data. Leveraging the CSF allows companies to admit that they do not have the resources to do third-party monitoring on their own while still ensuring it gets done. As Facebook has learned the hard way, failure to do this monitoring may lead to some very unpleasant conversations with the Federal Trade Commission, EU Data Protection Authorities, business partners, stockholders, consumers, and possibly a panel of Congressmen or Senators.