1 1 00:00:00,360 --> 00:00:02,100 Data Policies. 2 2 00:00:02,100 --> 00:00:03,030 In this lesson, 3 3 00:00:03,030 --> 00:00:05,550 we are going to talk more about data policies. 4 4 00:00:05,550 --> 00:00:08,310 Specifically, we're going to cover purpose limitation, 5 5 00:00:08,310 --> 00:00:10,980 data minimization, and data sovereignty. 6 6 00:00:10,980 --> 00:00:13,710 First, let's talk about purpose limitation. 7 7 00:00:13,710 --> 00:00:15,690 Now, when we talk about purpose limitation, 8 8 00:00:15,690 --> 00:00:16,890 this is the principle 9 9 00:00:16,890 --> 00:00:19,800 that personal information can be collected and processed 10 10 00:00:19,800 --> 00:00:21,360 only for a stated purpose 11 11 00:00:21,360 --> 00:00:23,220 to which the subject has consented. 12 12 00:00:23,220 --> 00:00:25,650 For example, if you're working with the US Government 13 13 00:00:25,650 --> 00:00:27,060 on a lot of different things, 14 14 00:00:27,060 --> 00:00:30,090 we have something known as the Privacy Act of 1974, 15 15 00:00:30,090 --> 00:00:31,440 and it will actually say that 16 16 00:00:31,440 --> 00:00:33,600 if you're giving your name and your social security number 17 17 00:00:33,600 --> 00:00:36,060 to this form to maybe get your driver's license 18 18 00:00:36,060 --> 00:00:37,290 or something like that, 19 19 00:00:37,290 --> 00:00:39,600 then it can only be used for that stated purpose. 20 20 00:00:39,600 --> 00:00:41,760 They can't then use it for something else. 21 21 00:00:41,760 --> 00:00:44,130 That's what we're talking about with a purpose limitation. 22 22 00:00:44,130 --> 00:00:46,530 Now, a purpose limitation will restrict your ability 23 23 00:00:46,530 --> 00:00:48,570 to transfer data to third parties 24 24 00:00:48,570 --> 00:00:51,090 so you have to make sure you look at the way it's written 25 25 00:00:51,090 --> 00:00:52,980 because if my purpose limitation says 26 26 00:00:52,980 --> 00:00:55,140 that I can't transfer any data to third parties, 27 27 00:00:55,140 --> 00:00:57,540 that means I can't outsource that part of my business, 28 28 00:00:57,540 --> 00:01:00,540 I have to do it internally with employees that I own. 29 29 00:01:00,540 --> 00:01:02,010 Also, you can't take the data 30 30 00:01:02,010 --> 00:01:03,210 and then just give it to somebody else 31 31 00:01:03,210 --> 00:01:04,980 so that they can market it to other people. 32 32 00:01:04,980 --> 00:01:06,510 These are things you have to think about 33 33 00:01:06,510 --> 00:01:08,580 when you look at what was the purpose that you used 34 34 00:01:08,580 --> 00:01:10,020 to collect that information, 35 35 00:01:10,020 --> 00:01:11,550 what did you tell your customers? 36 36 00:01:11,550 --> 00:01:13,440 And then you need to make sure you follow through 37 37 00:01:13,440 --> 00:01:15,060 keeping the promise that you made to them 38 38 00:01:15,060 --> 00:01:16,920 in that purpose limitation. 39 39 00:01:16,920 --> 00:01:20,160 Now, the secondary we want to talk about is data minimization. 40 40 00:01:20,160 --> 00:01:21,960 Data minimization is the principle 41 41 00:01:21,960 --> 00:01:24,960 that only necessary and sufficient personal information 42 42 00:01:24,960 --> 00:01:26,370 can be collected and processed 43 43 00:01:26,370 --> 00:01:28,050 for the state of purpose. 44 44 00:01:28,050 --> 00:01:30,030 So what does this look like in the real world? 45 45 00:01:30,030 --> 00:01:32,550 Well, I'll give you a great example from my own website. 46 46 00:01:32,550 --> 00:01:35,400 Let's say you decide you want to buy your CySA+ voucher 47 47 00:01:35,400 --> 00:01:36,930 by going to my website. 48 48 00:01:36,930 --> 00:01:39,600 You're going to go to diontraining.com/vouchers. 49 49 00:01:39,600 --> 00:01:41,760 You hit Enter and you're at the website. 50 50 00:01:41,760 --> 00:01:43,980 You click on the button for CySA, 51 51 00:01:43,980 --> 00:01:45,840 and it brings you up to a checkout page. 52 52 00:01:45,840 --> 00:01:46,673 We're going to collect 53 53 00:01:46,673 --> 00:01:48,720 the minimal amount of information from you. 54 54 00:01:48,720 --> 00:01:50,610 What would be the minimal information do you think 55 55 00:01:50,610 --> 00:01:52,770 if you wanted to buy a voucher from us? 56 56 00:01:52,770 --> 00:01:55,320 Well, it would be your name, your email, 57 57 00:01:55,320 --> 00:01:56,880 and your credit card information. 58 58 00:01:56,880 --> 00:01:58,020 That's all I need. 59 59 00:01:58,020 --> 00:01:59,730 I don't need to know your home address. 60 60 00:01:59,730 --> 00:02:01,410 I don't need to know your mother's maiden name. 61 61 00:02:01,410 --> 00:02:02,970 I don't need to know your date of birth. 62 62 00:02:02,970 --> 00:02:04,200 I don't care about any of that. 63 63 00:02:04,200 --> 00:02:05,940 It's outside the purpose that I need. 64 64 00:02:05,940 --> 00:02:07,710 So for me, I need your name 65 65 00:02:07,710 --> 00:02:09,007 so I can send you an email and say, 66 66 00:02:09,007 --> 00:02:11,040 "Thanks, Jason, for buying your voucher. 67 67 00:02:11,040 --> 00:02:12,060 I need your email 68 68 00:02:12,060 --> 00:02:14,070 so I can send you the voucher that you're buying, 69 69 00:02:14,070 --> 00:02:15,240 and I need your credit card 70 70 00:02:15,240 --> 00:02:17,370 so I can get paid for the voucher I'm sending you." 71 71 00:02:17,370 --> 00:02:18,203 That's it. 72 72 00:02:18,203 --> 00:02:19,036 And so for us, 73 73 00:02:19,036 --> 00:02:21,300 we collect the minimum amount of information possible 74 74 00:02:21,300 --> 00:02:24,120 to give you the maximum freedom to protect your privacy. 75 75 00:02:24,120 --> 00:02:26,370 Now, each process that uses personal data 76 76 00:02:26,370 --> 00:02:28,260 should be properly documented. 77 77 00:02:28,260 --> 00:02:30,330 We have all of our processes documented 78 78 00:02:30,330 --> 00:02:32,010 and we say, "Here's what comes in, 79 79 00:02:32,010 --> 00:02:33,720 here's all the different actions that happened, 80 80 00:02:33,720 --> 00:02:34,797 and here's what comes out." 81 81 00:02:34,797 --> 00:02:36,540 And that way, we can verify 82 82 00:02:36,540 --> 00:02:38,790 that we are minimizing the data collected. 83 83 00:02:38,790 --> 00:02:39,623 In the old days, 84 84 00:02:39,623 --> 00:02:41,400 we used to actually ask for your mailing address, 85 85 00:02:41,400 --> 00:02:42,900 and then we found out that we didn't need it 86 86 00:02:42,900 --> 00:02:45,030 because we're not mailing you anything physically, 87 87 00:02:45,030 --> 00:02:46,410 we're only using email, 88 88 00:02:46,410 --> 00:02:47,820 and our credit card company said 89 89 00:02:47,820 --> 00:02:48,653 they weren't even using 90 90 00:02:48,653 --> 00:02:49,890 the shipping address of the credit card, 91 91 00:02:49,890 --> 00:02:51,990 so we stopped collecting that information. 92 92 00:02:51,990 --> 00:02:55,110 Again, you need to figure out what is needed for the process 93 93 00:02:55,110 --> 00:02:56,670 so you can minimize it. 94 94 00:02:56,670 --> 00:02:58,140 When you look at data minimization, 95 95 00:02:58,140 --> 00:03:00,840 it's also going to affect your data retention policy 96 96 00:03:00,840 --> 00:03:03,000 because if you have less data, 97 97 00:03:03,000 --> 00:03:05,370 that is data that you may not need to keep as long, 98 98 00:03:05,370 --> 00:03:07,080 or on the opposite side, 99 99 00:03:07,080 --> 00:03:08,670 you might be able to keep it longer 100 100 00:03:08,670 --> 00:03:10,590 because your data retention policy will allow 101 101 00:03:10,590 --> 00:03:11,580 and you have enough storage 102 102 00:03:11,580 --> 00:03:13,380 because you're collecting less data. 103 103 00:03:13,380 --> 00:03:16,350 So either way could help you in your data retention policy. 104 104 00:03:16,350 --> 00:03:18,870 For instance, if you bought a voucher from me 10 years ago, 105 105 00:03:18,870 --> 00:03:21,120 do I still need to have your name and email? 106 106 00:03:21,120 --> 00:03:23,160 Probably not, because if you only bought something from me 107 107 00:03:23,160 --> 00:03:24,870 10 years ago and you haven't come back since 108 108 00:03:24,870 --> 00:03:26,190 you're probably not interested. 109 109 00:03:26,190 --> 00:03:27,840 So I don't really have a business case 110 110 00:03:27,840 --> 00:03:29,820 for why I would keep that even longer. 111 111 00:03:29,820 --> 00:03:31,560 And so you can look at your data retention policy 112 112 00:03:31,560 --> 00:03:33,570 in terms of data minimization as well. 113 113 00:03:33,570 --> 00:03:34,950 Now, the third main principle 114 114 00:03:34,950 --> 00:03:37,920 we're going to talk about in this lesson is data sovereignty. 115 115 00:03:37,920 --> 00:03:39,930 This is the principle that countries and states 116 116 00:03:39,930 --> 00:03:42,720 may impose individual requirements on data collected 117 117 00:03:42,720 --> 00:03:45,480 or being stored within their jurisdiction. 118 118 00:03:45,480 --> 00:03:48,240 So, there are different rules in different areas. 119 119 00:03:48,240 --> 00:03:49,650 We've already talked about this. 120 120 00:03:49,650 --> 00:03:51,540 If you're in Europe, you have one set of rules. 121 121 00:03:51,540 --> 00:03:53,610 If you're in America, you have another set of rules. 122 122 00:03:53,610 --> 00:03:54,660 If you're in some other country, 123 123 00:03:54,660 --> 00:03:56,310 you might have a third set of rules. 124 124 00:03:56,310 --> 00:03:57,810 And so it's important to understand 125 125 00:03:57,810 --> 00:04:00,120 what those rules are, where you are. 126 126 00:04:00,120 --> 00:04:01,320 Now, how does this affect us 127 127 00:04:01,320 --> 00:04:03,060 as people who work on the internet? 128 128 00:04:03,060 --> 00:04:06,090 Well, all that data has to be stored someplace, right? 129 129 00:04:06,090 --> 00:04:07,890 And so some states and nations 130 130 00:04:07,890 --> 00:04:11,010 may respect data privacy more or less than others, 131 131 00:04:11,010 --> 00:04:11,970 and based on that, 132 132 00:04:11,970 --> 00:04:15,060 you can determine where you want to host your servers. 133 133 00:04:15,060 --> 00:04:18,150 For example, if I choose to host my servers in America, 134 134 00:04:18,150 --> 00:04:19,260 which I do, 135 135 00:04:19,260 --> 00:04:21,630 that means I have to follow the American laws for it. 136 136 00:04:21,630 --> 00:04:24,150 But if I decide to move it to some country in Africa, 137 137 00:04:24,150 --> 00:04:25,830 or the Middle East, or Asia, 138 138 00:04:25,830 --> 00:04:27,210 I have to follow their rules, 139 139 00:04:27,210 --> 00:04:29,910 and their rules may not be as strict as the American rules. 140 140 00:04:29,910 --> 00:04:32,760 Or if I moved it to Europe, they have stricter rules. 141 141 00:04:32,760 --> 00:04:34,770 So for instance, if I move my server to Germany, 142 142 00:04:34,770 --> 00:04:36,450 I'm now in the European Union, 143 143 00:04:36,450 --> 00:04:38,400 so I now fall under GDPR. 144 144 00:04:38,400 --> 00:04:39,960 If I'm dealing with GDPR, 145 145 00:04:39,960 --> 00:04:41,370 these protections are actually extended 146 146 00:04:41,370 --> 00:04:43,140 to any European Union citizen 147 147 00:04:43,140 --> 00:04:44,820 while they're within Europe 148 148 00:04:44,820 --> 00:04:48,690 or within the European Economic Area or the EU. 149 149 00:04:48,690 --> 00:04:51,690 Now technically, if you're a European Union citizen 150 150 00:04:51,690 --> 00:04:54,090 and you start traveling to a different area, 151 151 00:04:54,090 --> 00:04:56,490 you now have affected your data sovereignty 152 152 00:04:56,490 --> 00:04:58,500 because you're no longer protected by GDPR 153 153 00:04:58,500 --> 00:05:00,180 while you're in, say, Thailand 154 154 00:05:00,180 --> 00:05:02,187 because now you're following the Thailand rules. 155 155 00:05:02,187 --> 00:05:04,560 And so if you're dealing with a local Thai company, 156 156 00:05:04,560 --> 00:05:07,110 they don't have to deal with GDPR regulations, 157 157 00:05:07,110 --> 00:05:09,540 even though you're a European Union citizen, 158 158 00:05:09,540 --> 00:05:11,340 and that protection only protects you 159 159 00:05:11,340 --> 00:05:14,130 within the walls of the European Union, 160 160 00:05:14,130 --> 00:05:15,900 it doesn't protect you once you move outside. 161 161 00:05:15,900 --> 00:05:17,880 And so this is the idea of data sovereignty, 162 162 00:05:17,880 --> 00:05:20,310 and it affects you personally as you travel, 163 163 00:05:20,310 --> 00:05:21,840 but it also affects companies 164 164 00:05:21,840 --> 00:05:23,940 as we're deciding where to put our data 165 165 00:05:23,940 --> 00:05:25,500 because the location of our servers 166 166 00:05:25,500 --> 00:05:27,453 will help determine data sovereignty.