System and method for managing data privacy

Abstract

A system and method for assessing the risk associated with the protection of data privacy by software application. A decision engine is provided to assess monitor and manage key issues around the risk management of data privacy. The system creates a core repository that manages, monitors and measures the data privacy assessments of applications across an institution (e.g., a corporation). The system and method employs automated questionnaires that require responses from the user (preferably the manager responsible for the application). The responses are tracked in order to evaluate the progress of the assessment and the status of the applications with respect to compliance with the enterprise's data privacy policies and procedures as well as the regulations and laws of the jurisdictions in which the application is operated. Once a questionnaire has been completed, the application is given ratings both with respect to the data privacy impact of the application and the application's compliance with the data privacy requirements. If a risk exists, a plan for reducing the risk or bringing the application into compliance can be formulated, and progress towards compliance can be tracked. Alternatively, an identified exposure to risk can be acknowledged through the system, which requires sign off by various higher level managers and administrators.

Description

CROSS REFERENCE TO RELATED APPLICATIONS [0001] This application claims priority to U.S. Provisional Application No. 60 / 411,370, filed on Sep. 17, 2002 the entirety of which is incorporated herein by reference.FIELD OF THE INVENTION [0002] The present invention generally relates to systems and methods for managing data privacy, and more particularly to systems and methods for managing the risk associated with compliance with applicable laws corporate policy with respect to the collection, use and storage of an individual's data. BACKGROUND OF THE INVENTION [0003] Risk management relates to procedures for assessing and managing risk that are established by the enterprise, with accompanying directives by management to comply with the procedures. For example, a given manager of a department may be required to establish the level of risk associated with the operation of a particular computer system (e.g., the risk of losing use of such a computer system for some period of time). This man...

AI Technical Summary

Benefits of technology

[0008] The present invention is a system and method for determining an enterprises' compliance with data privacy policies, procedures and laws and assessing the risk associated with non-compliance. The system and method of the present invention provides the capabilities to manage and monitor the protection of employees' and customers' private data. It should be noted that the requirements of data privacy is equally applicable to the information of employees as well as it is to customer's data. For example, employers in all fifty states must comply with the privacy regulations associated with the Federal law entitled the Health Insurance Portability and Accountability Act (HIPAA). This invention enhances current processes to provide a decision engine around key data privacy issues providing the capability for enhanced, monitoring and management around the risk management function.

[0009] A first step of the present invention is to create a core repository that manages, monitors and measures all data privacy assessments across an institution (e.g., a corporation). The invention eliminates redundant systems and functions related to data privacy assessment within each of the Lines of Business (LOBs) of the institution.

[0016] The system according to the present invention thus provides immediate compliance verification, a calendar of events, allows shared best practices and corrective action plans and provides a mechanism for risk acknowledgement communicated to other members of a hierarchy. The system can be used in any hierarchical organization including such risk sensitive enterprises as military units, space missions and highly financed business endeavors.

Problems solved by technology

For example, a given manager of a department may be required to establish the level of risk associated with the operation of a particular computer system (e.g., the risk of losing use of such a computer system for some period of time).

The impact of evaluating the risk for a given enterprise can have serious consequences with regard to the success or profitability of the enterprise.

If the enterprise has established procedures that are designed to protect the enterprise from liability, or otherwise assure that levels of risk within the enterprise are minimized, the enterprise can be exposed to liability if the procedures are not properly followed.

Failure to follow these policies, procedures and laws can expose the enterprise to significant liability.

In typical enterprises, the analysis, statuses and reporting to upper management of the procedures with respect to data privacy are often haphazard and inconsistent.

For example, some managers may find the requirement of filling out forms and answering questionnaires to be an inefficient use of time, and fail to effectively complete risk assessments.

Furthermore, most departments fail to evaluate the external dependencies that it has, and the impact on its ability to perform its functions should those external entities fail to protect the employees and customer's data.

Where tools for the risk assessments with respect to data privacy do exist, they tend to be form intensive, and inconsistent between various enterprise locations.

It is difficult to track and maintain the data that can be obtained from forms related to assessment of data privacy risk, and even more difficult to take an enterprise view of such risk, which is absolutely required for effectively managing the liability of the enterprise.

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