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CPL-06: Government Surveillance

CPL 10 — Critical Protect

Mechanisms exist to constrain the host government from having unrestricted and non-monitored access to the organization's Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Control Question: Does the organization constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations?

General (1)
Framework Mapping Values
SCF CORE Mergers, Acquisitions & Divestitures (MA&D) CPL-06
APAC (3)
Framework Mapping Values
APAC China Cybersecurity Law 28 29
APAC China Data Security Law 24 27 31 33 44
APAC China Privacy Law 11 12 26 38(4) 40 47(5) 60 61(4) 63(3) 63(4) 64

Capability Maturity Model

Level 0 — Not Performed

There is no evidence of a capability to constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Level 1 — Performed Informally

C|P-CMM1 is N/A, since a structured process is required to constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Level 2 — Planned & Tracked

C|P-CMM2 is N/A, since a well-defined process is required to constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Level 3 — Well Defined

Compliance (CPL) efforts are standardized across the organization and centrally managed, where technically feasible, to ensure consistency. CMM Level 3 control maturity would reasonably expect all, or at least most, the following criteria to exist: o Ensures data/process owners understand their requirements to manage applicable cybersecurity and data protection controls through oversight and written guidance. o Provides applicable stakeholders with status reports on control execution to enable security controls oversight. o Works with data/process owners and asset custodians to document and validate the scope of cybersecurity and data protection controls to ensure statutory, regulatory and/ or contractual compliance obligations are met. o Conducts cybersecurity and data privacy control assessments, on a regular cadence that is defined by the applicable statutory, regulatory and contractual requirements.

  • A Governance, Risk & Compliance (GRC) function, or similar function, provides governance oversight for the implementation of applicable statutory, regulatory and contractual cybersecurity and data protection controls to ensure compliance requirements are identified and documented.
  • The GRC function, or similar function:
  • Cybersecurity and data privacy controls are centrally managed through a technology solution (e.g., GRC solution) to assign controls, track control activities and report on compliance efforts.
  • An Integrated Security Incident Response Team (ISIRT) is formed to analyze and respond to government investigation requests, with legal representation being a key stakeholder.
  • Client or host-nation requests are formally evaluated to determine the risk impact of the request.
  • The CIO/CISO collaborate on methods to prevent a host government from having unrestricted and non-monitored access to the organization's Technology Assets, Applications, Services and/or Data (TAASD) which could potentially violate other applicable statutory, regulatory and/ or contractual obligations.
Level 4 — Quantitatively Controlled

See C|P-CMM3. There are no defined C|P-CMM4 criteria, since it is reasonable to assume a quantitatively-controlled process is not necessary to constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Level 5 — Continuously Improving

See C|P-CMM4. There are no defined C|P-CMM5 criteria, since it is reasonable to assume a continuously-improving process is not necessary to constrain the host government from having unrestricted and non-monitored access to its Technology Assets, Applications, Services and/or Data (TAASD) that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Assessment Objectives

  1. CPL-06_A01 a formal process exists to intake and document access requests from host governments for unrestricted and non-monitored access to the organization's systems, applications and services that could potentially violate other applicable statutory, regulatory and/or contractual obligations.
  2. CPL-06_A02 executive leadership, along with legal counsel, formally identifies risks associated with non-compliance (e.g., fines, operational impacts, etc.).
  3. CPL-06_A03 executive leadership, along with legal counsel, formally identifies primary risks associated with compliance (e.g., loss of confidentiality and/or integrity considerations with data governance).
  4. CPL-06_A04 executive leadership, along with legal counsel, formally identifies secondary risks associated with compliance (e.g., non-compliance with other laws, regulations and contractual agreements).
  5. CPL-06_A05 executive leadership, along with legal counsel, formally identifies tertiary risks associated with compliance (e.g., human rights abuses, theft of intellectual property, espionage, etc.).
  6. CPL-06_A06 executive leadership, along with legal counsel, formally adopts an action plan to respond to host government requests for unrestricted and non-monitored access to the organization's systems, applications and services that could potentially violate other applicable statutory, regulatory and/or contractual obligations.

Technology Recommendations

Micro/Small

  • Legal review
  • Least functionality enforcement
  • Legal privilege enforcement

Small

  • Legal review
  • Least functionality enforcement
  • Legal privilege enforcement

Medium

  • Legal review
  • Least functionality enforcement
  • Legal privilege enforcement
  • Board of Directors (BoD) review

Large

  • Legal review
  • Least functionality enforcement
  • Legal privilege enforcement
  • Board of Directors (BoD) review

Enterprise

  • Legal review
  • Least functionality enforcement
  • Legal privilege enforcement
  • Board of Directors (BoD) review

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