By Daniel Fried, General Manager (GM) and Senior Vice President (SVP), EMEA and Worldwide Channels, Veeam
The issue of data protection and privacy was, until recently, a conversation confined to a specific group of people within an organisation. Unless you were an IT consultant or a corporate lawyer, privacy compliance was something somebody else took care of. So, how have we reached the point where many organizations are bound by law to employ a Data Protection Officer (DPO)? Why are CEOs now so interested in their company’s data protection and privacy policies?
You could be easily fooled into thinking data privacy as a field has only existed since 2018, but nothing could be further from the truth. From an anthropological perspective, human beings have longed for privacy for over 3,000 years. The use of internal walls within buildings which started to become commonplace in 1500 AD proves this. The concept of the ‘right to privacy’ as we know it is indeed younger – eventually being formalised as an international human right in 1948. Sweden became the first country to enact a national data protection law in 1973. Even this, the first tangible effort to regulate data privacy, happened in response to public concern over the increasing use of computers to process and store personal information.
While our understanding of the current data privacy conversation must operate within this context, there is no denying that 2018 was a watershed moment. The General Data Protection Regulation (GDPR) may be less than two years’ old, but its impact has been significant. As well as its very specific nature which makes the regulation enforceable, GDPR regulators have not been frightened to flex their muscles. To date, it has collected almost €429 million in fines – serving as a constant reminder to any business processing the data of European citizens that there are penalties for not adhering to data privacy requirements.
The privacy skills gap
As well as providing a clearer framework for appropriate data handling practices, GDPR has made data protection and privacy more about people. Rather than talking in terms of technical standards and software requirements, it is based on fundamental citizens’ rights and how people within an organization can uphold them. One of the most specific lines of the GDPR is Article 37, which states that certain companies must appoint a Data Protection Officer to be compliant. More specifically, any public authority, a company whose core activities require large-scale monitoring of individuals or consist of large-scale processing of criminal data.
Wherever appointing a DPO is not required under GDPR, it is advised as best practice for companies who need to ensure they have the right data processes in place. Given that the latest Veeam Cloud Data Management report shows that organizations across multiple industries will spend an average of $41 million deploying technologies to boost business intelligence, experienced DPOs have become hot property. In 2018, when GDPR was passed, as many as 75,000 vacancies for DPOs needed to be filled – with Europe and the USA accounting for around 28,000 of these roles.
Especially during this period of transition, organizations across the board must foster a culture of transparency in terms of how data is used. Not every person in the business can be a data protection expert, but all employees must appreciate and understand the basic principles. Furthermore, while the ownership of GDPR compliance lies with the DPO, the buck ultimately stops with the CEO. Data protection is a business conversation as well as a technology one. With that said, businesses must have an IT strategy in place which enables solid data protection practices.
Minds over matter
Veeam research shows that three-quarters of IT decision makers globally are looking to Cloud Data Management as a means of creating a more intelligent business. Cloud Data Management brings together disciplines such as backup, replication and disaster recovery across an organizations’ entire cloud and data management provision. It ensures that data is always available, recoverable and protected at all times. But like data privacy, IT is a people industry too. In a world where businesses need to protect their data more than ever before, CEOs, CIOs and DPOs alike are looking for trusted partners to help de-risk their data management. This support may take the form of configuring data management systems, providing technical training for administrators, or basic data privacy training for end-users.
Data Protection Day is an appropriate time for us to reflect on how we use and view data.
Moreover, as we begin a new decade, it’s an apt moment to acknowledge that we are still in the midst of transformation. The impact of GDPR will continue to be profound as businesses adapt to its demands and its enforcers become less patient with those who fail to comply. More fines and reputational damage will only add to the demand for DPOs – people with the expertise and appetite to take on the data privacy challenges of an organization. While investing in technologies like Cloud Data Management will be fundamental to the DPO’s strategy, privacy is now a people business. Therefore, the shrewdest investments will be in trusted partners who can guide people at every level of the organization through the rigours of remaining compliant and help create an authentic culture of data transparency.
HOW TO KEEP DIGITAL TRANSFORMATION ON TRACK AFTER THE PANDEMIC
Ashley Coker, CEO and founder, Slate
The global coronavirus health emergency has made it abundantly clear how dependent we are on digital services for business continuity and social cohesion. When physical contact must be minimised, digital businesses are in a better position to rapidly adapt and continue their services and respond to customers’ needs.
This is perhaps why Chancellor, Rishi Sunak, was prompted to delay the introduction of IR35 Off-Payroll working rules to the UK private sector until April 2021, as part of his package of measures to support British businesses through the COVID-19 crisis.
While some businesses expressed relief at the delayed introduction of IR35 rules in the private sector, many financial enterprises had already terminated contracts with IT contractors in preparation for the original deadline, with the risk of digital transformation programmes stalling.
What is IR35?
Inland Revenue legislation 35 (IR35) is a tax law designed to prevent individuals from using intermediaries, such as their own limited company, in order to avoid paying their fair share of tax and national insurance contributions (NICs). By setting up a limited company, some people were able to leave their employment in a bank on a Friday and return to the same job on a Monday as an IT contractor, with no change in their role, duties, or place of employment. HMRC wants to put a stop to this.
However, with an estimated 170,000 contractors working through their own personal service companies, HMRC has not had the resource to address cases individually and decided to put the onus on the organisations that hire contractors.
From April 2021, the responsibility for assessing whether a contractor is genuinely self-employed (outside of IR35) will fall on every medium and large private sector organisation with a turnover of over £10.2 million, a balance sheet of £5.1 million, and more than 50 employees. This means that every contract will have to be reassessed to decide whether an individual’s work falls inside or outside IR35. Contractors must be provided with a Status Determination Statement (SDS) for each contract that they undertake, confirming the organisation’s assessment of their status for IR35 purposes.”
How has the financial sector prepared for IR35?
To avoid the time and resource required to scrutinise thousands of contractor contracts, many financial services organisations took a blanket decision which deems that all contractors are working inside IR35. Several prominent organisations have taken this route and terminated all contracts with contractors who bill for their services via limited companies.
Being deemed to be working inside IR35 has the effect of making hiring organisations liable for paying contractors’ income tax and National Insurance contributions at source, as though they were employees, without contractors benefiting from the sick pay and holiday pay benefits of the organisations’ employees. Tax experts have calculated that working inside IR35 will reduce contractors’ incomes by approximately 25 per cent. This makes projects less attractive to IT contractors who might be working on delivering digital change.
How does IR35 affect Digital Transformation?
Prior to the IR35 deadline extension, HSBC, Lloyds bank and Barclays bank were reported to have taken a uniform decision to classify all contractors as working within IR35. It was also reported that Deutsche Bank risked losing 50 out of 53 contractors working in its London-based change management team after taking the decision to cease working with contractors via personal service companies and asking them to join the payroll of a recruitment outsourcing agency used by the bank.
If IT contractors stop working with their financial service industry clients, to avoid falling foul of IR35 after April 2021, this could have a devastating impact on digital transformation projects that depend on the specialist skills of external contractors.
A number of contractors have reported that they plan to seek employment overseas after IR35 comes into force in the private sector, so that they can carry on enjoying the flexibility, job satisfaction and remuneration of working off-payroll. This could result in a brain drain for many sectors, such as banking, which relies heavily on the skills of external IT contractors to deliver digital transformation.
Fast track to digital delivery:
While IR35 could pose serious challenges for digital change programmes in the UK financial services sector after April 2021, some CIOs we have spoken to see the contract renewal phase as an opportunity to clear the decks, refocus and keep their best people on the pitch.
Our experience of providing corporates with highly-skilled software engineers who are born problem-solvers, who work in small, capped teams on a 5 in 50 model, has shown that they are often fundamental to getting stalled digital change programmes back on track. These developers work alongside enterprise IT teams, on a Seed, Scale, Succeed process, bringing fresh coding skills and transforming project thinking into product thinking, with continuous delivery of digital service iterations. They are technology specialists who relish the challenge of working on high profile digital journeys, but who do not wish to work as corporate employees and are therefore hard for financial services organisations to hire.
We now have another twelve months to prepare for IR35. In the meantime, as financial services organisations adapt to the demands of the pandemic, this is the time for small, agile teams of problem-solvers to shine.
IN CONSUMER BIOMETRICS WE TRUST: AUTHENTICATION FOR THE DATA PRIVACY AGE
Jonas Andersson, Head of Standardization at Fingerprints
Data privacy is high on the global agenda. In the wake of data protection policies such as Europe’s GDPR, ensuring the integrity of personal data is an increasingly pertinent subject. This is a governmental and corporate policy reflection of the fact that our lives are moving increasingly online and, with it, our personal data is facing new and increased threats.
For all access to private data or services, we must be authenticated – this is the basis of privacy in the online world. But as PINs and passwords are increasingly viewed as insufficient to tackle this new reality, the world is looking to stronger authentication solutions, such as biometrics.
When implemented in the right way, biometrics will bring multiple benefits. It already enabled consumers to add layers of authentication to personal data previously unsecured in their owned devices – from apps and e-commerce, to our homes and devices. But its potential is phenomenal. Consumer-driven authentication via our phones and tablets is already today by far the largest application of biometrics in the world, with figures in the billions that dwarf government-led identification schemes such as India’s Aadhaar and the FBI database.
Crucially though, it’s a privacy and security measure that consumers have the power and choice to implement. And as third parties, such as financial services, healthcare and enterprise organizations, increasingly accept consumer biometrics authentication for their services, supporting the market’s continued adoption is an important and timely topic. But first, as biometrics creates its own sensitive personal data, there are a few points to clarify and discuss…
Consumers need confidence!
Undeniably, the success of existing applications of consumer biometrics is based on the advantages they offer consumers. Just look at the penetration and use of fingerprint biometrics in smartphones. But the success of future adoption will be determined by how confident consumers continue to feel in new situations. We’re frequently reminded not to use the same password or PIN multiple times, so it’s only natural consumers are beginning to feel concerned of their biometrics integrity as they start to utilize their fingerprint on multiple devices and apps: their phone, tablet, card, USB dongle…
In fact, consumer device authentication utilizes a ‘privacy by design’ approach that inherently protects end-user biometric data with an on-device authentication approach – where biometric data is enrolled, stored and managed all on the same device. The following principles have been fundamental to biometrics’ privacy protection in mobile and are what will enable new benefits for consumers in other personal device-based scenarios:
Translating images to templates
It’s a common misconception that biometric data, such as fingerprints, are stored as images. And in turn, if this image is accessed, the corresponding fingerprint is permanently compromised and unable to be restored or used securely on other applications. You’ll have heard the argument about biometrics: “I can change my password any time, but I only have ten fingerprints; what happens if they’re all hacked?”
In fact, data from a biometric sensor is captured and stored as a template in binary code – or encrypted 0s and 1s. This mathematical representation makes hacking basically pointless as, even if fraudsters could access the template, they can’t do anything with it. Template code cannot be reverse engineered into the original fingerprint image, nor can it be linked to other services and, in turn, other personal data. Moreover, this template is unique to the device it is on, making it impossible to re-use between devices, even if the same fingerprint has been enrolled!
The consumer is in control
This neatly leads on to my next point regarding storage. In consumer authentication use cases, information remains solely on the unique consumer device on which the template was created, remaining physically in control of the user.
Our recent consumer research found 38% were unwilling to share their biometric data but, with this approach, no data needs to be shared with third parties or cloud-based databases as everything is stored, and the authentication process is contained, within a single personal device.
Layers of security
Layering defense mechanisms is standard best practice for a range of security implementations – biometrics is no different. In addition to the transformation of biometric data into an irreversible template, these templates are also later encrypted and further protected by hardware and software both at rest and during the matching process.
The most successful example of a biometrics use case, the smartphone, utilizes the highly secure software isolation of Trusted Execution Environment (TEE) technology for storage and matching of biometric templates on device. The hardware on which it runs is intrinsically secured through its high degree of integration, complexity, miniaturization and specialization.
This approach is also championed by new use cases such as biometric payment cards. Here, the Secure Element (SE) – the chip technology that secures the financial data in your bank card – is utilized to store, process and match biometric information within the confines of the card. This treats biometric templates with the same security as the PIN and other financial data that is stored on our payment cards.
Removing the weakest link
Nothing is ‘un-hackable’, this is the reality of security. With enough time, money and effort, it’s possible to get into anything. A safe, a bank vault. However, attackers take the path of least resistance, and often it’s the end-user that is the ‘weakest link’ in the security chain when it comes to social engineering attacks.
End-users are vulnerable to attacks, such as phishing, where they can be tricked into giving away information such as a PIN or password. With consumer biometrics, the user only presents their biometrics to their personal device and can’t give anything away. This also removes the risks generated by mistakes or complacency, such as creating a password that’s easily guessed.
More authentication = more protection
Biometric authentication can protect a whole host of other sensitive personal data, far more quickly, conveniently and securely than was ever possible with PINs or passwords.
Today however, passwords and PINs remain the most used authentication methods outside of smartphones – something increasingly problematic. The friction created by asking users to create a new password has a significant impact on drop-out rates – especially as new ‘best practice’ guidelines recommend complex requirements such as including numbers, capitals, special characters and length. NIST’s digital identity guidelines outline the importance of usability challenges and stress, fundamentally, “positive user authentication experiences are integral to the success of an organization achieving desired business outcomes.”
6 out of 10 consumers feel they have too many PINs and passwords and worry about forgetting them. Unsurprisingly, 41% also admit to re-using the same PIN code or password across multiple sites, apps and devices. So, not only are PINs and passwords frustrating for consumers, they’re also becoming less secure.
Biometrics can be the authentication silver bullet as it combines security and a convenient UX, with leading fingerprint sensors authenticating in under a second. Its capacity to bring security to devices and processes previously either unsecured, poorly secured, or secured with a poor UX is phenomenal. Mobile is the perfect example of how it has been able to transform a device from being unsecured most of the time, to now only unlocked when in use. And now, just look at how your bank accepts your fingerprint authentication on your phone for access to your account.
With consumer biometrics, its quick and effortless to enroll onto new services and subscriptions. Consumers are happy to authenticate more frequently, because it’s so simple and the action is so intuitive. Plus, you cannot forget your fingerprint…
Consumer biometrics: on the agenda
It’s clear that biometrics is key to many organizations’ plans for privacy and security, but don’t just take our word for it. Many industry and government initiatives are moving quickly.
Europe’s GDPR highlighted biometrics as ‘sensitive personal data’ which clearly needs to be protected in the right way. Meanwhile, the benefits and integrity of consumer device biometric authentication were also recognized by Europe’s financial services directive, PSD2, citing biometrics as a trusted factor under its strong customer authentication (SCA) mandates.
Looking to industry bodies, FIDO Alliance is gaining significant traction in formalizing the quality and security of personal authentication with biometrics. Its work is complementing rising initiatives such as Self Sovereign Identity (SSI) models, whereby individuals or organizations are endeavoring to have sole ownership of digital identities and control how this personal data is shared and used. With an owned, FIDO-certified biometrics-secured device, users can add another authentication layer over stored digital identifiers.
For several years, we’ve also participated in industry body GlobalPlatform’s work to verify and standardize the quality of security protection on TEE. The biometric API extension defines security protections specifically around biometrics and is highly referenced in mobile implementations, and increasingly in new devices such as key fobs and home security devices too. With the dawn of the biometric payment card, we’re also supporting GlobalPlatform to define an SE specification for biometric cards.
The combination of government and industry engagement is setting the scene for so much more to be achieved with consumer authentication using biometrics. Undoubtedly, biometrics’ role in an increasingly data-conscious world has only just begun to take shape, and excitingly, it’s consumers who have the power at their fingertips – quite literally!
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