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EU General Data Protection Regulation

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Presentation on theme: "EU General Data Protection Regulation"— Presentation transcript:

1 EU General Data Protection Regulation
Competition Killer Call These slides are intended to provide friendly and helpful advice and are not a definitive statement of law

2 Agenda Introduction to the call and objectives
Who to contact & Call to action GDPR - Gregory Campbell Prospecting – Bob Yelland Back Up – The how and why ILG © 2016 IBM Corporation IBM Analytics © 2015 IBM Corporation

3 Your UKI Connections and Contacts
Plus UKI Integration/Governance Sales specialist team; - Andrew Templeman - Steve Harries - Paul Ranson Specialty: StoredIQ

4 The New General Data Protection Regulation (GDPR) is Imminent
The GDPR rules are set to be published in 1H 2016 and be immediately applicable after a 2 year transition period by 1H 2018 to any organisation which operates in the EU market Unlike the existing 1995 Data Protection Directive, the GDPR will look to create a harmonized, unified data protection law framework for all EU countries Non-compliance has the potential to lead to huge fines, so now is the time to build on the foundations you already have to ensure you Protect, Govern and Know Your Data © 2016 IBM Corporation IBM Analytics © 2015 IBM Corporation

5 The GDPR Will Widen the Scope of Data Protection Application
Extra-territorial, so unlike the current law, applies to organisations outside the EU processing EU data subjects’ personal data; even if there is a Brexit, UK organisations will still be affected Widely defines what constitutes personal data, and includes data that directly or indirectly identifies or makes identifiable a data subject such as online identifiers and location data Modernises the law in line with emerging technologies such as social networks and cloud Will fundamentally change the way organisations must manage their structured and unstructured data, with obligations not just on Controllers but now also on Processors © 2016 IBM Corporation IBM Analytics © 2015 IBM Corporation

6 GDPR Key Concepts, Example Suggested Actions and Sanctions
Administrative Fines for Non-Compliance Regulators can impose Administrative Fines for non-compliance of up to €20m or 4% of total annual worldwide turnover, whichever is higher Additional powers for regulators, including gaining access to data and premises and to auditing, all in addition to, or instead of, Administrative Fines By Design and By Default Data controllers must implement technical and organisational measures which demonstrate compliance with GDPR core principles Plan for this in the long term e.g. instrument and manage data syndication and data lineage Rights of EU Data Subjects New and enhanced rights for data subjects in the EU including erasure, access and portability Maintain data quality, amending, manipulating, erasing and exporting it into usable formats in both structured and unstructured environments Design and Default Assessmen t & Clean Up Rights of EU Data Subjects Legal Administrative Fines for Non Compliance Accountability of Compliance Records & Retention Curation Data Breaches Accountability Various accountability provisions; for example data controllers need to be demonstrably compliant and ensure full reporting capabilities Consider how compliance can be proven, including data protection impact assessments, codes of conduct and proactive certification Security of Personal Data Includes 72H breach reporting to both regulatory authorities and to individuals in many scenarios Implement pervasive and intelligent internal and external network defences and restrictions to reduce data risks, including usage of data masking and redaction techniques Lawfulness and Consent Archiving Lawfulness and Consent Processing is only lawful if there is one of consent, necessity, legal obligation, protection, public interest, official authority or legitimate interest Keep data subjects informed and manage requests in a transparent, efficient and effective manner ensuring core GDPR principles are upheld © 2016 IBM Corporation IBM Analytics © 2015 IBM Corporation

7 GDPR Prospecting Conversation Guide Target Audience
CIO/CTO/Storage Manager Chief Data Officer/Data Protection Officer Line of Business Liaison Compliance/Legal/Security = General Counsel VP/Director of Compliance VP/Director of Records Chief Security Officer LinkedIn Masterclass Need a refresher? Module 1 Module 2 Module 3 Conversation Guide What is the issue/ new regulation? What is IBM’s value proposition? At the client organisation, who is likely to care? Why should they care? What could this lead to in terms of engagement and offerings? What assets are available to support the conversation? Calls to action? Sample Tweets

8 GDPR Preparedness - Reality bites
Thursday 28th April; 2pm to 5pm IBM Analytics Solution Centre, IBM Southbank Register here

9 Call to Action GDPR Event client event on 28th April (IBM Southbank) –
Invite your clients/prospects. (Should have from Rachel Edwards) Various collateral and materials – Contact the specialist team

10 BACK UP slides – How and Why

11 Enterprise data growth
Information Under Management in 2014 Portion of information unnecessarily retained Estimated number of records that were compromised in 2012 10 Zettabytes 70% 44.8 million Information Doubles Every Two Years 1 Zettabye = 1,000 Exabytes = 1,000,000 Petabytes Percentage of total information retained inside an organization which has no business value and no legal or compliance obligation* Erroneous delivery of s and documents was the leading threat action among the 47,000+ security incidents we studied from 2012 * Source: IDC Digital Universe, 2012 Source: CGOC Summit Survey Source: Verizon 2013 Data Breach Investigations Report *Indeed much of this data being kept is likely to have privacy obligations that are often failing to be met 11

12 Enterprise data accounts for increased risk and waste
Typical organizations retain far too much ROT data Redundant, Obsolete and Trivial Redundant data—duplicates that are no longer of value Data that has aged past its useful life Data that has no ongoing business value Typical organizations struggle with dark data No insight into it, yet any breach can uncover…. Personally identifiable information (PII) Highly confidential information (HCI) Payment Card Industry (PCI) data Dark data risk includes Sources such as , chat, file shares, SharePoint, desktops, etc. can all be eDiscovery and privacy blind spots Regulatory data stored in the wrong location with no visibility to it’s lifecycle 70% Typical amount of unstructured data that has no value Organizations are unaware of sensitive content residing outside of expected security protocol 35%-45% of data created this year will hold no business value in one year - Gartner 2014

13 Compliance with Local Laws & Regulations is Challenging – a Growing Risk & Cost
Operating in many countries- Managing information at the local level reduces storage overall vs. applying worse case retention rules across all countries. U.K. Principles 5 & 8 Data Protection Act, 1998 Personal data processed for any purpose should not be kept for longer than is necessary for that purpose Generally interpreted as 2 years MAX PENDING – EU GDPR Trilogue EU negotiations began June 24 for 6 m. Obligation for Compliance, Right to Erasure, Data Breach Notification Data Protection & Privacy – due 2017 Singapore IRAS regulations Income tax act and GST act, 5 years for records up to 1/2007, 7 years for records after 1/2007 PDPA Data Privacy – due July 2014 SEPA & ISO 20022 information around mandated XML transaction archiving for banks Hong Kong PDPO Privacy Act 1996 U.S. 29 CFR 516, (b), & Employee payroll and other employee information Retain for 3 years HIPAA HITECH Act – Privacy and PHI access Patriot Act – Retain for 5 years Australia Retention & Privacy regulations There are around 80 Acts at both the State and Federal level which regulate document and record retention and destruction. Privacy Act changes March 2014 (APP) Switzerland Code of Obligations, Article 957 & 962 Employee Training Records, including attendance records Retain 10 years

14 Business critical data is at risk everyday
SQL injection Watering hole Physical access Malware Third-party software DDoS Spear phishing XSS Undisclosed Attack types Note: Size of circle estimates relative impact of incident in terms of cost to business Source: IBM X-Force Threat Intelligence Quarterly – 1Q 2014 2011 Year of the breach 2012 40% increase 2013 500,000,000+ records breached We are in an era of continuous breaches, where reported attacks continue to increase In 2011, IBM X-Force declared, somewhat prematurely it would appear, the Year of the Security Breach. It has only gotten worse since. 2012 was a record year for reported data breaches and security incidents, with a 40 percent increase in total volume over In 2013, security incidents surpassed the total number reported in 2012, and their effects on the organizations involved was more troubling kicked off with a number of high profile sophisticated attacks on major websites, media, and tech companies. A new security reality is here, where… Sophisticated attackers break through conventional safeguards every day. Organized criminals, hacktivists, governments and adversaries are compelled by financial gain, politics and notoriety to attack your most valuable assets. Their operations are well-funded and business-like ‒ attackers patiently evaluate targets based on potential effort and reward. Their methods are extremely targeted ‒ they use social media and other entry points to track down people with access, take advantage of trust, and exploit them as vulnerabilities. Meanwhile, negligent employees inadvertently put the business at risk via human error. Even worse, security investments of the past fail to protect against these new classes of attacks. The result is more severe security breaches more often. 61% of organizations say data theft and cybercrime are the greatest threats to their reputation (2012 Global Reputational Risk & IT Study, IBM). And the costs are staggering. By one estimate, the average cost of a breach is over $3.5 million (2014 Cost of a Data Breach Study, Ponemon Institute) 61% of organizations say data theft and cybercrime are their greatest threats 2012 IBM Global Reputational Risk & IT Study $3.5M+ average cost of a data breach 2014 Cost of Data Breach, Ponemon Institute

15 What is Information Lifecycle Governance?
ILG is a set of policies that defines how an organization manages its information throughout the data lifecycle in order to reduce operational and systemic risk—without adversely impacting the value of the information. IBM Analytics © 2015 IBM Corporation

16 Information Lifecycle Governance
Solutions & Capabilities Assessment & Clean Up Legal IBM Information Lifecycle Governance Records & Retention Curation Archiving IBM Analytics © 2015 IBM Corporation

17 StoredIQ approach: Understand data in it’s native location before taking action
INTELLIGENCE Analyze Identify ACT IBM Analytics © 2015 IBM Corporation

18 Connect to data in it’s native location
NT File System (Agent-less or Agent) NFS Lotus Notes & Domino OpenText Livelink / Content Server FAS & SnapLock Macintosh Xtender CIFS Content Archive System / HCAP Linux / Unix DX Object Storage Celerra/ Centerra Support for over 75+ data sources and 450+ file types IBM Analytics © 2015 IBM Corporation

19 Identify data in-place, analyze for relevance/value/risk & then act
Identify data in 75+ repositories Categorize data based on metadata and full-text Create rule sets for data action Act on data IBM Analytics © 2015 IBM Corporation

20 Classify data to identify business value
Use a combination of rules and machine learning to identify and classify data of business value, making it readily available for migration Filter1 Filter2 Filter3 Action Volume Relevance IBM Analytics © 2015 IBM Corporation

21 Legacy Data Clean-Up and Archive Data Reduction
Assumptions used: Unstructured Data Volume = 100Tb Unstructured data is growing 30% year over year Storage Cost per TB: £2.5K per year, Storage cost decreasing year over year 5% 27% ROT Potential, with 5% follow on year reduction Backup and DR Volume is 1.5 times of Prime Backup an DR costs are 25% of Primary Storage costs Archive Storage costs 25% less than Prime All Unstructured Data 750TB Stored (NetApp NAS) User CIFS Data 100 TB in Scope User Data after Clean-up 68 TB Stored User Data after Archiving 50TB Stored 50 TB Stored All client data sources (Messaging, SharePoint, Repositories, Desktops, etc. ) storing an estimated 750 TB of data. All client CIFS file shares storing end-user generated content. Legacy data targeted for clean-up. An estimated 27% (32 TB) reduction in the total amount stored on user CIFS shares. This includes Growth Rate Remaining data targeted for archive. This might impact Backup & DR Data Volumes An estimated 50% total reduction of user CIFS storage with Legacy Data Clean-up and Archive.

22 Supported largest litigation case in the world by identifying, collecting analyzing & classifying 132 TB of data to produce 200GB of relevant data PROBLEM: For The Deep Water Horizon matter, look across 132TB's, 3 continents and 8 locations. Collect 1TB to a preservation location in Houston. Full text indexing and apply additional terms to reduce to the smallest defensible data set which was sent out for production review by outside counsel.  Final data set was approximately 200 GB's. SOLUTION: Enable a 100:1 reduction in collection process in less than 2 weeks. ROI: Saved million of dollars, responded to every DOJ request; substantially lowered outsourced review costs and built a defensible audit trail. 22

23 Common Use Cases Privacy & Risk Avoidance
Personally Identifiable Information (PII) Highly classified information (HCI) Payment Card Information (PCI) eDisclosure Readiness & Support Early Data Assessment Data Collection Export to Review Data Clean Up Redundant – duplicate files Obsolete – files past their useful life Trivial – files that never had value to the org Data Migration Move to cloud (BOX) Mergers and acquisitions Divestitures Comply with GDPR and other privacy regulations Part of the StoredIQ for Legal solution Which data do employees actually use? Only move the information that matters IBM Analytics © 2015 IBM Corporation

24 Key benefits Find the data that matters — Properly discover, classify and manage information according to business value to reduce risk and cost Speed time to value — Reduce time to migrate content to box by only migrating relevant data Identify sensitive and toxic content — Leave sensitive data on-premise or dispose of it Essentially all organizations need to find and manage content for internal investigations, regulatory investigations, and litigation. Responding quickly and cost-effectively is largely impacted by how efficiently an organization is managing its information. Organizations need to understand: What information do I have? Where is that information located? What is the value of that information? Do I have enforceable and defensible retention policies (and the right policies) in place? Highlights of the StoredIQ solution for eDiscovery: Properly discover, classify, and manage information according to business value and risk Better comply with corporate policies and regulations by knowing exactly what information is stored and where Making appropriate decisions before litigation about the retention, deletion, and security of their unstructured information And, once an organization becomes aware of a case, the solution can be used to: Crawl and classify active information across multiple sources Begin to quickly analyze data prior to collection Improve the ability to cull down potentially responsive information Automate the processing and creation of load files for downstream litigation review


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