<div dir="ltr"><a href="http://www.lexology.com/library/detail.aspx?g=4a50ba9a-d1df-4547-812a-03d4477a8e29">http://www.lexology.com/library/detail.aspx?g=4a50ba9a-d1df-4547-812a-03d4477a8e29</a><br><div class="" id="lex-article-body" style="display:block">
<p><strong>The education sector is rapidly embracing technology.
Laptops, tablets and internet connected devices are increasingly the
first choice learning tool for students and staff across schools and
universities. The advance in use of user powered digital technologies
poses significant challenges for institutions in particular, in
protecting its network against infiltration, compromise or attack. In
this article, we look at some of the key risks for institutions to
consider and address.</strong></p>
<p>The emerging risks:</p>
<p><strong>More gateways</strong></p>
<p>An unsecured network made up of multiples of devices is, essentially,
a labyrinth of open doors for hackers. This risk is more prevalent by
the increasingly common implementation of `bring your own device' (BYOD)
policies at schools and universities. Take the example of a student who
inadvertently infects their personal device with malware by downloading
an infected file, clicking on an infected link or by falling victim to a
phishing scam. As a device connected to the institution's network, this
user's infected device could easily be the source of the institution's
next data compromise.</p>
<p><strong>Smarter students</strong></p>
<p>Hackers are not only those external demons who wish to steal
information or compromise systems. Academic fraud through internal
infiltration is becoming increasingly common. Open networks provide easy
gateways for students to access devices held by an examinations board,
an assessor or a fellow student. Recent examples include students
accessing and plagiarising work in progress on other students' devices,
and accessing and amending assessment transcripts and scores.</p>
<p><strong>Third party liability</strong></p>
<p>Use of a network connected laptop or device for purposes not approved
by the institution's use policy not only increases the risk of malware,
but also the risk of third party liability. As consumer awareness as to
privacy and information security increases, counterparty expectation as
to security policies is also growing. Take the example of a student
breaching copyright or accessing inappropriate materials through the
network and the increased risk this poses. Third party victims may look
to join the institution to claim, on the basis of failure to have
sufficiently secure policies that can detect misuse.</p>
<p><strong>Tighter privacy regulations</strong></p>
<p>Educational institutions collect and store information of a personal
nature (including student names, addresses, health records, financial
and credit information etc). They are, therefore, subject to regulation
under local privacy legislation (for example in Australia, the Privacy
Act 1988 and in the UK, the Data Protection Act 1998). This requires
clear systems and procedures to be in place to protect and manage that
information in a way that complies with local law. Failure to have such
systems in place could result in fines and penalties of up to AUDUSD 1.3
million (USUSD 940,000) in Australia and fines up to GBP 500,000 (USUSD
720,000) in the UK. The UK (and Europe wide) penalty is set to increase
under the General Data Protection Regulation (GDPR), to an upper limit
of 20 million or 4% or annual global turnover (whichever is higher).</p>
<p>The data protection regulatory landscape in the UK and in the rest of
Europe will soon be significantly altered. On 14 April 2016, the
European Parliament adopted the GDPR. This marks the final stage of the
legislative process paving the way for the patchwork of national data
protection laws, created by the European Data Protection Directive
passed in 1995, to be replaced with a uniform law across the European
Union. In the UK the rules will replace the Data Protection Act 1998.</p>
<p>UK and European Institutions have less than two years to prepare for
the new rules and would be well advised to start now before the GDPR
comes into force on 25 May 2018. A raft of new guidance will be issued
by EU bodies and national authorities in the coming months which should
assist with preparations.</p>
<p>An added complexity for businesses may be the implications of Brexit
on the UK's implementation of the new rules. If the UK votes to leave
the EU, there will be a two year negotiation period to determine the
UK's onward relationship with the EU.</p>
<p>Education Institutions should also be mindful of data protection and
privacy issues when expanding internationally. In the UAE, for example,
although the bar for achieving compliance with the UAE laws relating to
privacy is currently low, we consider that certain practices adopted to
achieve compliance in more heavily regulated jurisdictions (such as
Australia and the UK) can be beneficial. For example, ensuring that
third party processors are bound by written terms imposing obligations
on them (including relating to the extent of the processing and the data
security standards to be adopted to protect the data from loss or
destruction), will help to limit the disclosing party's liability
arising from unauthorised use of that data. Similarly, providing
information about the potential uses of personal data to a parent or
student at the outset of the relationship can generate goodwill, act as
an effective means of managing expectations and could even mitigate the
risk of a complaint or claim being filed for damages in relation to the
use of an individual's data.</p>
<p>We also understand that the UK Data Protection Commissioner is
currently focusing on UK institutions who are expanding internationally
to make sure they apply the same standards in territories where they are
active.</p>
<p><strong>Network oversight</strong></p>
<p>In complying with their obligations under the GDPR, both data
controllers and processors are obligated to implement appropriate
technical and organisational measures to ensure a level of security
appropriate to the personal data they are processing. The GDPR mandates a
list of requirements which should be taken into account and these
should be considered when implementing any measures in respect of cyber
security. These technical and organisational measures must be regularly
tested and breach of security obligations may result in fines of up to
10 million or 2% or annual global turnover (whichever is higher).</p>
<p>With mandatory breach reporting legislation looming across the world
(In Australia, draft legislation is currently before Parliament, with
final drafts expected later this year), institutions will be expected to
have oversight over activity on their networks. They must be in a
position to quickly identify rogue devices or weak links, and to
mitigate the damage that may be caused by those vulnerabilities.</p>
<p>For UK and European Institutions, the GDPR will introduce a number of
wide-ranging changes to EU data protection law, including by
introducing 72-hour data breach notifications. Pursuant to the new
rules, a data controller must notify <span style="line-height:1.5em">the
relevant supervisory authority of a personal data security breach
within 72 hours of becoming aware of the breach. They may also be
required to inform the affected individuals where there is a high risk
to their personal data.</span></p>
<p><strong>What to keep in mind when considering cyberrisk management</strong></p>
<p>There is no `one size fits all' approach to managing cyberrisk. But
in managing the risk that devices pose to a network, educational
institutions should focus on the following key issues:</p>
<ul><li>In each situation, independent critical thinking is needed to ensure
that the institution's cyber security strategy is tailored to the risks
faced by the institution, including its legal obligations, its critical
assets, and the third-party vendors that are relied upon;</li><li>Strategies must go beyond a simple `check box' exercise to a living
and breathing strategy that covers the necessary technical aspects as
well as providing for ongoing education;</li><li>Cyber-risk should be managed on an organisational level with input
from all level of stakeholders and staff with ultimate supervision by
the board and senior management;</li><li>Disaster planning systems and intrusion detection systems should be
in place and should be actively and continually monitored; and</li><li>Consideration should be given to risk mitigants such as specialist
cyber insurance - to help mitigate the financial, legal and reputational
risks of cyber incidents.</li></ul>
<p>Each of these issues is considered in detail below.</p>
<p><strong>Identification of assets at risk</strong></p>
<p>As with all exercises in risk management, management must identify
what critical assets and data are at risk to ensure that there are no
blind spots in the organisation's security strategy. It is important to
remember that the assets at risk include not only obvious IT assets such
as servers but also assets that are controlled by networked computers.
For educational institutions, personal information, health and credit
information pose a particularly high level of risk. Sensitive
examination related information and student assessment records should
also be identified as needing added protection. Organisations should
also ensure that all legal and compliance obligations are identified and
are considered in planning the security strategy.</p>
<p><strong>Third-party vendors - management and due diligence</strong></p>
<p>In a number of recent high profile cyber attacks on educational
institutions, attackers exploited weaknesses in the systems of
third-party vendors used by the institutions to gain access to the
institutions network. There are likely to be more such incidents as
third-party vendors with inadequate defences will often be an attacker's
path of least resistance.</p>
<p>Regulators across the world have expressed concerns about
organisations relying on third-party vendors without performing proper
due diligence when selecting the vendor or conducting due diligence on
an ongoing basis once the vendor has been engaged. An organisation's
cyber-risk management policies should address due diligence, the extent
to which third parties are given access to critical data, and response
strategies in the event of a third-party incident. Vendor contracts
should also include clauses to effectively manage risks and specify the
procedures to be adopted where an incident occurs. A third-party vendor
must assist the institution to meet its requirements when dealing with
affected customers, law enforcement, and insurers under writing
cyber-risk.</p>
<p>Due diligence is also necessary when companies consider outsourcing
IT functions or adopting cloud based payroll, data and management
services.</p>
<p><strong>Education and training</strong></p>
<p>Educating students and staff as to best practice in cyber security is
crucial to managing the risk. Institutions should ensure that students
and staff are properly informed of their responsibilities regarding the
use of IT assets and data security. Training and policies need to
encourage students to be aware of and engage in cyber-risk management.
Steps should include educating students about cyber risks, best password
practices, handling of confidential information, how to recognise
risks, when to inform teachers and supervisors of concerns and how to
recognise scams and phishing. When staff and students are properly
trained, they can become the organisation's best defence to cyber
incidents.</p>
<p><strong>Board and management engagement</strong></p>
<p>Effective cyber-risk mitigation requires communication and
cooperation between teachers or lecturers and senior management,
including the boards of directors, executive council or board of
management. Regulators are <span style="line-height:1.5em">increasingly
demanding that board minutes and briefing materials demonstrate
consideration of cyber security, incident response planning, reporting
on actual incidents, and any risks arising from vendors.</span></p>
<p><strong>Breach and system monitoring</strong></p>
<p>Many cyber incidents have also been attributed to failures by
organisations to maintain internal controls such as regularly updated
virus software and patches. Patch management practices should provide
for the prompt installation of critical patches and the documentation of
such actions. BYOD policies should be front and centre, and should
require regular patching and updates from all users.</p>
<p>Intrusion detection software should also be considered, as it
provides timely detection and reporting of security incidents. The
earlier security incidents are identified, the earlier they can be
addressed and any loss or damage minimised. This is difficult, however,
for institutions with a BYOD policy. For this reason, it may be prudent
to engage external firms to monitor internet hotspots for any trace of
irregular activity or increased flow of personal information.</p>
<p><strong>Disaster planning and revisiting</strong></p>
<p>Traditional disaster recovery and business continuity plans should be
flexible enough to address cyber risks as well as the traditional
physical risks institutions face. Plans should facilitate communication
between the information security team, risk team and legal team
responsible for emergency response, disaster recovery and contingency
planning. They should clearly set out the roles and responsibilities of
each member of these teams. Tests should be carried out regularly, to
ensure systems are adequately responding to different scenarios.</p>
<p><strong>Insurance</strong></p>
<p>Insurance also provides an important risk management tool for
organisations to recover loss and damage that may be caused by a cyber
incident. Generally these policies provide coverage for both first party
loss (i.e. the damage that is caused directly to the organisation by a
cyber incident) and third party loss (i.e. the damage and loss an
organisation may incur due to liability it owes to its stakeholders,
third parties and regulators).</p>
<p><strong>Summary</strong></p>
<p>In conclusion, it is important to remember that institutions of all
sizes are experiencing cyber related breaches and attacks, and schools
and universities are not immune. Due to the increasing number of cyber
incidents, government bodies are demanding that organisations prioritise
cyber resilience to protect their systems and stakeholders. While there
are no easy answers, educational institutions should consider and
follow the guidelines discussed above as a starting point from which to
manage their exposure and respond to rapid change.</p>
</div><br>
</div>