Introduction
In the context of the framework, ‘compliance’ is taken to be a measurement of
the degree to which security practice in an organisation accords with the
documented security requirements and standards.
This definition encompasses the idea that an organisation could be partially
compliant, and also the concept that compliance must be against something - an
agreed set of procedures or a defined target state of affairs.
Principles of Governance
Cabinet Office requires UK Government departments to have developed an ISMS
demonstrating compliance with ISO/IEC 17799 for all
their nominated key information systems.
ISO/IEC 17799 identifies two kinds of compliance:
- compliance with legal and regulatory requirements; and
- physical, personnel, procedural and technical compliance, primarily against
the stated security policy.
In practice the applicable legal and regulatory requirements will normally be
documented within the security policy; consequently the target for compliance is
the agreed security policy. However, this section of the framework is
nevertheless based on the ISO/IEC 17799 division.
Policy Compliance
The achievement of accreditation for a system, and/or ISO/IEC 17799
certification for an organisation, are indications of compliance against the
system RMADS and organisation’s ISMS respectively. However, as noted in the
introduction to this section, compliance is a matter of degree.
Maintaining accredited status therefore relies very firmly on the process of
ongoing risk
management, in order to monitor the gap between policy and practice, with an
aim of reducing it to zero and maintaining it at that level.
Legal and Regulatory Compliance
Overview
ISO/IEC 17799 states
that:
‘The design, operation, use and management of
information systems should comply with all relevant criminal, civil, statutory,
regulatory or contractual obligations’
The contractual aspect will depend on individual circumstances and the
framework does not address it.
Organisations also need to ensure that changes in legislation and regulations
are taken into account for both new and legacy systems. On an ongoing basis, the
impact of new or revised legislation and regulations should be identified,
together with the action necessary for compliance, and the associated
timescales. The Cabinet Office Better Regulation Executive
(BRE) can assist in this.
Data Protection Act
The Data Protection Act
1998 [External website] deals with personal data, and sets
out eight key principles in relation to the processing, storage and
dissemination of the data. The Act sets out a subject’s right of access, and
provides for certain exemptions. Further advice can be obtained from the Office
of the Information Commissioner.
Freedom of Information Act
The Freedom of Information
Act 2000 [External website] obliges government bodies
including Central Government and Local Authorities to provide access to
‘recorded data’ following a valid request. The Act provides for certain
exemptions. Advice can be obtained from the Department for Constitutional
Affairs (DCA) and the Cabinet Office Security Policy Division (COSPD).
Regulation of Investigatory Powers Act
The Regulation of
Investigatory Powers Act 2000 [External website] sets out the
conditions under which communications can be intercepted by government
organisations, in a way which is aligned with the Human Rights Act. Advice can
be obtained from the Home Office.
Official Secrets Act
The Official
Secrets Act 1989 [External website] makes it an offence for a
servant of the Crown or a Government contractor to commit unauthorised
disclosure of sensitive information passed to them, including in situations
where the act was not deliberate but occurred through the failure to apply such
care as might reasonably be expected.
Computer Misuse Act
The Computer
Misuse Act 1990 [External website], inter alia, criminalises
the act of attempting to gain unauthorised access to a computer system including
where these are assets provided by an employer.
Copyright Designs and Patents Act
The Copyright
Designs and Patents Act 1988 [External website] applies to
computer software products, and is intended to prevent the unauthorised copying
of same. Organisations must therefore monitor their position on software licence
agreements in terms of licences deployed and assigned, in order to ensure that
software licence agreements are not breached.
Police and Criminal Evidence Act
The Police and Criminal
Evidence Act 1984 includes a specific clause setting out the conditions under
which computer generated evidence is admissible in court.
It should be noted that compliance with BS7799 does not give legal nor
regulatory exemption. Organisations should always seek legal advice where there
is doubt. The Treasury Solicitors are a useful first point of contact.
Regulatory compliance
Regulatory requirements are usually
industry-specific. However, the 2001 Basel II Accord from the Basel Committee on
Banking Supervision indicates the likely scope of requirements in most
cases.
Basel II is concerned with ensuring a sufficient level of financial provision
against risks, and sets out a means of calculating the necessary level of
provision. Crucially, the method includes a consideration of operational risk
i.e. the effectiveness of Information Assurance processes and controls within
the organisation. For most analysts this embodies the principle that reduced
risk leads to a reduced requirement for capital. From an IA point of view it
reinforces the statement that IA is an integral part of underlying business
operations.
Determining Applicable Legislation
Outline advice on
determining applicable legislation is available from the e-Government Security
Framework documents, and from IS2.
The recommended best practice is to seek specialist advice in deciding the
applicable legislation. This framework identifies candidates for consideration
in relation to an organisation’s Information Systems.
The Turnbull Report
‘IT
Governance is a prime requirement to ensure compliance with the raft of new
legislation that is starting to appear in the wake of well-publicised financial
mismanagement of high profile companies. Prime …..is the Sarbanes-Oxley Act.
This Act not only changes the financial reporting requirements of organisations
covered by the Act, it effectively shifts the balance of power within those
organisations; creating a whole new corporate culture and
hierarchy.’
As a piece of US legislation, Sarbanes-Oxley does not specifically apply in
the UK (although UK companies listed in the US must comply, and UK based
auditors of US companies are not completely exempt).
The Turnbull
report [External website], while it relates to UK listed
companies, nevertheless provides strong recommendations. It sets out a number of
key issues relating to the requirement for an internal control structure and
procedures for financial reporting.
Internal Audit
Organisations should consider adopting the security review model developed by
the MoD, which is based on
validation, verification and oversight.
Validation is the process of confirming that the implemented controls are
appropriate to the risk. Verification confirms that the planned controls have
actually been implemented. Oversight confirms that for the organisation as a
whole, the security position is acceptable.
In general terms these three processes come down to:
- An ongoing review of implemented countermeasures against an ongoing review
of threats and vulnerabilities.
- Continual monitoring of the implementation status of defined
countermeasures.
- An independent review process at the organisational level.
External Audit
The Official Cabinet Committee on Security is required to present annually to
the Prime Minister an audit on the information security of the public sector.
CSIA is required to produce a report indicating the status of IA in government
departments for the Prime Minister and Senior Officials, in line with the
Government Strategy for Information Assurance and in line with Sir Andrew
Turnbull’s statement that such a survey should be conducted on a annual
basis.
Departments completed an information assurance audit of their key IS systems
in 2004, which was based on the IA metrics issued by CSIA. The return gives a
snapshot picture of the health of a department’s IA process, and enables changes
over time to be measured and assessed for action. Audit of evidence supporting
the IA metrics is under consideration by CSIA.
To assist in this process, departmental SIROs are required to undertake an
annual assessment of IA in their departments and submit a statement of this to
CSIA for key IS. Each department must define its critical IA objectives and
provide evidence of compliance to a set of criteria based on ISO/IEC 17799
controls.