Freedom of Information: balancing transparency with compliance

Technology

Privacy breaches are being caused by Freedom of Information requests. Ajay Bhatia at Veritas Technologies explores why, and outlines the measures that organisations can take to restore trust

In an era where information transparency and data security are paramount, police forces have found themselves at the crossroads of accountability and vulnerability. Recent events have brought to light a concerning trend of data breaches occurring while handling Freedom of Information (FOI) requests, resulting from either technical glitches or human error.

These breaches not only raise questions about the safeguarding of sensitive information but also underscore the intricate challenge of balancing the public’s right to access information with the imperative to protect confidential data.

When done correctly, FOI requests enable greater transparency and accountability between public institutions and citizens. They allow for more informed decision-making and can also help foster increased public understanding and trust. But mishandling FOI requests can have dire consequences in terms of financial cost and reputational damage.

Costs and consequences

While the implications can vary depending on the nature of the data breached, accidental disclosure of sensitive information such as personally identifiable information (PII) through an FOI request can have significant legal consequences, including penalties and fines for mishandling data.

Authorities may investigate the breach to determine whether the organisation complied with relevant data protection laws, and they may face increased compliance scrutiny in future as a result. Affected individuals may file lawsuits against the organisation for damages resulting from the breach, including emotional distress, financial loss, and reputational harm. Costs relating to this can be substantial.

Far greater than the financial implications is the reputational damage that data breaches can incur. Public disclosure of a data breach resulting from an FOI request can erode public trust. Negative publicity, especially if sensitive or embarrassing information is exposed, can have long-lasting effects. This could lead to stakeholders losing trust in the organisation’s ability to protect its data.

Promoting a culture of compliance

To mitigate these implications, it’s crucial for organisations to foster a culture of cyber resilience where data protection is a shared responsibility, and everyone is encouraged to report security concerns.

Through regular training sessions, businesses can educate employees on data security, the importance of confidentiality, and the potential consequences of data leaks. Employees can be taught to recognise phishing attempts, social engineering tactics, and other common vectors for data breaches.

By establishing clear guidelines and policies for remote work, including the use of secure VPNs, encrypted communication tools, and secure file sharing methods, businesses can instil best practices into employees to prevent future data breaches.

Underpinned by technology

In addition to a shift in culture, organisations should put in place robust data protection policies, incident response plans, and security measures. Promptly addressing the breach, notifying affected individuals as required by law, cooperating with authorities, and taking steps to prevent future breaches can help manage the fallout and demonstrate a commitment to rectifying the situation.

There are some key measures that can implemented to demonstrate that organisations take data protection seriously and help regain trust:

Strong access controls: implement the principle of least privilege (PoLP) by granting employees the minimum level of access necessary to perform their roles. Use strong authentication methods like multi-factor authentication (MFA) for accessing sensitive systems or data.
Data classification: categorise data based on its sensitivity level (e.g., public, internal, confidential, highly confidential). Apply appropriate access controls and encryption based on the data’s classification. Encrypt sensitive data at rest and in transit. This ensures that even if data leaks occur, confidential information remains unreadable without the decryption key.
Monitoring and auditing: implement robust monitoring and logging mechanisms to track and record user activity on critical systems and databases. And, if sensitive data is spread across different cloud locations, make sure that this monitoring spans across all the multi-cloud environment. Regularly review logs and audit trails to detect unusual or suspicious behaviour.
Data Loss Prevention (DLP) solutions: deploy DLP solutions that can identify and prevent the unauthorised transmission of sensitive data outside the organisation’s network. Set up alerts or block data transfers when certain predefined rules are triggered. Develop a comprehensive incident response plan that outlines steps to take in the event of a data leak. Test the plan through simulations to ensure a swift and effective response.
Secure development practices: follow secure coding practices to minimise vulnerabilities in software and applications that could be exploited for data leaks. Conduct regular security code reviews and vulnerability assessments. Keep all software, operating systems, and applications up to date with the latest security patches.
Regular security assessments: conduct regular cyber resilience assessments and penetration testing to identify vulnerabilities and weaknesses in your systems. Evaluate the security practices of third-party vendors and partners that have access to your data. Ensure third party contracts include data protection clauses and require compliance with your security standards.

Digital information forms the backbone of modern governance and public engagement, so safeguarding data must stand shoulder-to-shoulder with transparency and accountability. Fostering a culture that places data security at its core, combined with implementing technologies that safeguard the information underpinning our societies, organisations can build trust and transparency while maintaining robust data protection and regulatory compliance.

Ajay Bhatia is Global VP & GM of Digital Compliance at Veritas Technologies

Main image courtesy of iStockPhoto.com