Isaca CDPSE - Certified Data Privacy Solutions Engineer

The primary consideration to protect against privacy violations when utilizing artificial intelligence (AI) driven business decisions is ensuring proper data sets are used to train the models. AI is a technology that enables machines or systems to perform tasks that normally require human intelligence, such as reasoning, learning, decision making, etc. AI relies on large amounts of data to train its models and algorithms to perform these tasks. However, if the data sets used to train the models are inaccurate, incomplete, biased, or outdated, they can result in privacy violations, such as discrimination, profiling, manipulation, or harm to the data subjects. Therefore, an IT privacy practitioner should ensure that the data sets used to train the models are proper, meaning that they are relevant, representative, reliable, and respectful of the data subjects’ rights and interests. References: : CDPSE Review Manual (Digital Version), page 141

The proportionality of the data collected for the intended purpose is the most important privacy consideration when developing a contact tracing application. This means that the application should only collect the minimum amount of personal data necessary to achieve the specific and legitimate purpose of preventing and controlling the spread of COVID-191. The application should also ensure that the data collected are relevant, adequate, and not excessive in relation to the purpose2. The application should avoid collecting or processing any data that are not essential for the purpose, such as location data, biometric data, or health data unrelated to COVID-193. The application should also respect the data minimization principle, which requires that the data are kept for no longer than necessary for the purpose4. References:

European Data Protection Board Guidelines 04/2020 on the use of location data and contact tracing tools in the context of the COVID-19 outbreak

Article 5(1)© of the General Data Protection Regulation (GDPR)

Article 29 Data Protection Working Party Opinion 04/2017 on the Proposed Regulation for the ePrivacy Regulation

Article 5(1)(e) of the GDPR

The role primarily assigned to an internal data owner is authorizing access rights. A data owner is a person or a role within the organization who has the authority and responsibility for the data assets under their control. A data owner is responsible for defining the data classification, data quality, data retention, and data security requirements for their data assets. A data owner is also responsible for granting, revoking, and reviewing the access rights to their data assets based on the principle of least privilege and the business needs. A data owner is accountable for ensuring that the data assets are used in compliance with the organizational policies and the applicable laws and regulations. References:

[ISACA Glossary of Terms]

[ISACA CDPSE Review Manual, Chapter 3, Section 3.2.1]

[ISACA CDPSE Review Manual, Chapter 3, Section 3.2.2]

[ISACA CDPSE Review Manual, Chapter 3, Section 3.2.3]

A privacy notice is a document that informs data subjects about how their personal data is collected, processed, stored, shared, and protected by an organization. The primary purpose of a privacy notice is to provide transparency to the data subject on the intended use of their personal data, as well as their rights and choices regarding their data. A privacy notice also helps the organization comply with legal and regulatory requirements, such as obtaining consent, demonstrating accountability, and fulfilling the principle of fairness and lawfulness.

References: CDPSE Review Manual, 2021, p. 36

Height, weight, and activities are the most legitimate information to collect for business reasons in this situation, as they are directly related to the purpose and functionality of a wellness smartwatch application that aims to monitor and improve the health and fitness of its users. Collecting height, weight, and activities would also comply with the data minimization principle that requires limiting the collection, storage and processing of personal data to what is necessary and relevant for the intended purposes. The other options are not legitimate information to collect for business reasons in this situation, as they are not related to the purpose and functionality of a wellness smartwatch application and may violate the privacy rights and preferences of its users. Collecting sleep schedule and calorie intake may be useful for some users who want to track their sleep quality and nutrition intake, but they are not essential for a wellness smartwatch application and may require additional consent or justification from the users. Collecting education and profession may be irrelevant for a wellness smartwatch application and may be used for other purposes, such as marketing or profiling, without the consent or knowledge of the users. Collecting race, age, and gender may be sensitive for some users who do not want to disclose their personal characteristics or identity, and may require additional safeguards or measures to protect their privacy1, p. 75-76 References: 1: CDPSE Review Manual (Digital Version)

The data subject should contact the organization’s chief privacy officer (CPO) first if they believe their personal information has been collected and used without consent. The CPO is the senior executive who is responsible for establishing and maintaining the organization’s privacy vision, strategy, and program. The CPO oversees the development and implementation of privacy policies, procedures, standards, and controls, and ensures that they align with the organization’s business objectives and legal obligations. The CPO also leads the privacy governance structure, such as the privacy steering committee, and coordinates with other stakeholders, such as the data protection authorities, the privacy rights advocates, and the outside privacy counsel, to ensure that privacy is integrated into all aspects of the organization’s operations. The CPO is the primary point of contact for data subjects who have any questions, complaints, or requests regarding their personal information, and who can address their concerns and resolve their issues in a timely and effective manner. References: : CDPSE Review Manual (Digital Version), page 21

Before an organization can respond to data subject access requests (DSARs), it needs to have a clear understanding of the data in its possession, such as what types of personal data are collected, where they are stored, how they are processed, who has access to them, and how long they are retained. This will help the organization to locate and retrieve the relevant data for each DSAR, and to ensure that the data are accurate, complete and up to date. Understanding the data in its possession will also help the organization to comply with other data protection principles and obligations, such as data minimization, purpose limitation, security and accountability.

The other options are less important or irrelevant to do first. Investing in a platform to automate data review may help to speed up the response process, but it does not guarantee that the organization has identified all the data sources and categories that are subject to DSARs. Confirming what is required for disclosure is also important, but it depends on the specific request and the applicable law or regulation. Creating a policy for handling access requests is a good practice, but it should be based on a thorough understanding of the data in its possession.

References:

Practical Data Security and Privacy for GDPR and CCPA - ISACA, section 2: “It is important to understand what personal information is collected and processed by an organization.”

Introduction to Data Subject Access Requests - Everlaw, section 3: “The first step in responding to a DSAR is identifying where the relevant personal data reside within your organization.”

Guidelines 01/2022 on data subject rights - Right of access Version 1, section 2.1: “The controller should have a clear overview of all processing activities involving personal data.”

Performing a full wipe and reimage of the laptops is the best control to prevent the exposure of personal information when redeploying laptops within an organization. This is because a full wipe and reimage ensures that all data, including personal information, is securely erased from the laptops and replaced with a fresh installation of the operating system and applications. This reduces the risk of data leakage, unauthorized access, or data recovery by malicious actors or unauthorized users. The other options are not as effective or sufficient as a full wipe and reimage, as they do not guarantee the complete removal of personal information from the laptops.

References: CDPSE Review Manual, 2021, p. 147

Classifying sensitive unstructured data should be done first to address the situation of the proliferation of personal data held as unstructured data, as it helps to identify the types, locations, and owners of the data, and to apply the appropriate privacy controls and measures based on the data classification level. Classifying sensitive unstructured data also facilitates the data discovery, data minimization, data retention, and data disposal processes. References: 2 Domain 3, Task 2; 5 Page 9