Four data security points for pandemic planners who are addressing the coronavirus

Organizations currently engaged in pandemic planning ought to consider the data and cybersecurity risks associated with the rapid adoption of telework. Planning should start now, with the following considerations in mind.

Remote access risks. Secure remote access should continue to be a requirement. In general, this means access through a virtual private network and multi-factor authentication. Though understandable, “band aid” solutions to enable remote access that depart from this requirement represent a significant risk. Some departure may be necessary, though all risks should be measured. In general, any solution that rests on the use of remote desktop protocol over the internet should be considered very high risk.

Data leakage risks. Efforts should be made to keep all data classified as non-public on the organization’s systems. This can be established by issuing hardware to take home or through secure remote access technology. The use of personal hardware is an option that should used together with a well-considered BYOD policy. Printing and other causes of data leakage should be addressed through administrative policy or direction. Consider providing direction on where and how to conduct telephone calls in a confidential manner.

Credential risks. New classes of workers may need to be issued new credentials. Although risks related to poor credential handling can be mitigated by the use of multi-factor authentication, clear and basic direction on password use may be warranted. Some have said that phishing attacks may increase in light of an increase in overall vulnerability as businesses deploy new systems and adjust. While speculative, a well-timed reminder of phishing risks may help.

Incident response risks. Quite simply, will your incident response plan still function when the workforce is dispersed and when key decision-makers may be sick? Who from IT will be responsible for coming on-site? How long will that take? If decision-makers are sick, who will stand in? These questions are worth asking now.

Hat tip to my colleague Matin Fazelpour for his input on this post.

Organization stumbles into BYOD nightmare

Hat tip to investigation firm Rubin Thomlinson for bringing an illustrative British Columbia arbitration decision to my attention. The remarkable April 2019 case involves an iPhone wiped by an employee’s wife mid-investigation!

The iPhone was owned by the employer, but it set it up using the employee’s personal Apple ID. That is not uncommon, but the employer apparently did not use any mobile device management software. To enforce its rights, the employer relied solely on its mobile device (administrative) policy, which disclaimed all employee privacy rights and stipulated that all data on employer devices is employer-owned.

Problems arose after the employer received a complaint that the employee was watching his female colleagues. The complainants said the employee “might also be taking pictures” with his phone.

The employer met with the employee to investigate, and took custody of the phone. The employee gave the employer the PIN to unlock the phone, but then asked for the phone back because it contained personal information. The employer excluded the employee and proceeded to examine the phone, but did not finish its examination before the employee’s wife (who the employee had phoned) remotely wiped the phone and refused to restore it with backup data.

The employer terminated the employee for watching the complainants (though not necessarily taking their pictures) and for insubordination.

The arbitrator held that the employer did not prove either voyeurism or insubordination. In doing so, he held that the employer had sufficient justification to search the phone but that it could not rely on its mobile device policy to justify excluding the employee from the examination process and demanding the recovery of the lost data. Somewhat charitably, the arbitrator held that the employee ought to be held “accountable for failing to make an adequate effort to encourage his wife to allow for recovery of the data” and reserved his decision on the appropriate penalty.

The employer took far too much comfort from its ownership of the device. Given the phone was enabled by the employee’s personal Apple ID, the employer was faced with all the awkwardness, compromise and risks of any BYOD arrangement. Those risks can be partially mitigated by the use of mobile device management software. Policy should also clearly authorize device searches that are to be conducted with a view to the (quite obvious) privacy interest at stake.

District of Houston v Canadian Union of Public Employees, Local 2086, 2019 CanLII 104260 (BC LA).

For Rubin Thomlinson’s more detailed summary of the case, please see here.

 

 

BYOD policy – Charting a good path to higher ground

This is just a cross-post to a piece of mine that we’ve published  on the Hicks Morley website. Here’s a link and a teaser:

The desire to use personal mobile devices to undertake work has risen like the incoming tide. Employers must make a choice: turn the tide on the use of personal devices by re-enforcing an outright ban or chart a thoughtful path to higher “Bring Your Own Device” or “BYOD” ground. Employers that do neither will sink into the mire of unreasonable IT security risk. This FTR Now discusses the pros and cons of adopting policy that allows employees to use a personal mobile device for work and the aims of proper BYOD policy.

Acceptable use policies – answers to ten common employer questions

I’ve been doing substantial work on employer acceptable use policies lately and would like to publish a draft Q&A for feedback.

If you have feedback please comment or send me an e-mail.

Dan

1. What should employers do today to ensure their acceptable use policies effectively manage the implications of personal use?

In light of recent developments, employers should ensure that their acceptable use policies (1) articulate all the purposes for which management may access and use information stored on its system and (2) make clear that engaging in personal use is a choice employees make that involves the sacrifice of personal privacy.

2. What are the most common purposes for employer access?

Consider the following list: (a) to engage in technical maintenance, repair and management; (b) to meet a legal requirement to produce records, including by engaging in e-discovery; (c) to ensure continuity of work processes (e.g., employee departs, employee gets sick, work stoppage occurs); (d) to improve business processes and manage productivity; and (e) to prevent misconduct and ensure compliance with the law.

3. How should employers describe the scope of application of an acceptable use policy?

Acceptable use policies usually apply to “users” (employees and others) and a “system” or “network.” To effectively manage employee privacy expectations, policies should make clear that devices (laptops, handhelds…) that are company owned and issued for work purposes are part of the system or network even though they may periodically be used as stand alone devices.

4. Should employers have controls that limit access to information created by employees even though they don’t want to acknowledge that employees can expect privacy in their personal use?

Access controls are an important part of corporate information security. Rules that control who can access information created by employees (e.g., in an e-mail account or stored in a space reserved for an employee on a hard drive) are, first and foremost, for the company’s benefit. Access controls should be clearly framed as being created for the company’s benefit and not for the purpose of protecting employee privacy.

5. How should passwords be addressed in an acceptable use policy?

Password sharing should be prohibited by policy. Employees should have a positive duty to keep passwords reasonably secure. An acceptable use policy should also make clear that the primary purpose of a password is to ensure that people who use the company system can be reliably identified. Conversely, an acceptable use policy should make clear that the purpose of a password is not to preclude employer access.

6. Does access to forensic information raise special issues?

Yes. Acceptable use policies often advise employees that their use of a work system may generate information about system use that cannot readily be seen – e.g., information stored in log files and “deleted” information. It is a good practice to use an acceptable use policy to warn employees that this kind of information exists and may be accessed and used by an employer in the course of an investigation (or otherwise).

7. How should an employer address the use of personal devices on its network?

Ensuring work information stays on company owned devices has always been the safest policy, though cost and user pressures are causing a large number of organizations to open up to a “bring your own device” policy. Employers who accept “BYOD” should use technical and legal means to ensure adequate network security and adequate control of corporate information stored on employee-owned devices. For example, employers may require employees to agree to remotely manage their own devices as a condition of use and with an understanding that they will sacrifice a good degree of personal privacy.

8. Should an acceptable use policy govern the use of social media?

Only indirectly. An acceptable use policy governs the use of a corporate network. A social media policy governs the publication of information on the internet from any computer at any time. In managing social media risks, employers should stress that publications made from home are not necessarily “private” or beyond reproach, so putting internet publication rules in an acceptable use policy sends a counter-productive message.

9. Should employers utilize annual acknowledgements?

Annual acknowledgements are not a strict requirement for enforcing the terms of an acceptable use policy but are helpful. The basic requirement is to give notice of all applicable terms in a manner that allows knowledge to be readily inferred in the event of a dispute. “Login script” with appropriate warning language is also common and helpful. Nowadays, a good login script will say something like, “If you need a confidential means of sending and receiving personal communications and storing personal files you should use a personal device unconnected to our system.”

10. Are there special concerns for public sector employers?

Most public sector employers in Canada are bound by the Canadian Charter of Rights and Freedoms and by freedom of information legislation. Many have workforces that are predominantly unionized. The guidance to public sector employers on their acceptable use policies is no different than to employers in general, but the need to manage expectations that employees may derive from personal use is particularly strong for public sector employers given the legal context in which they operate.