ECPA, Cybersecurity and its Applicability, and Compliance Support
Electronic Communications Privacy Act is a Statute in the U.S. that prohibits any intentional disclosure or interception of electronic communication by a Third Party without due authorization and was aimed at both Government employees and private citizens (Electronic Privacy Information Center, n.d.). ECPA affects cybersecurity in two ways. Firstly, it is evident that cybersecurity tools intercept communications especially those given by any party. Secondly, cybersecurity monitoring is at the core of security management, therefore it is not unlawful under ECPA exceptions, for a service provide to intercept communications in the event that it is relevant for monitoring purposes as part of their service provision. For example, if my organization a Bank, has outsourced a third party security firm to help monitor cyber-attacks, this information cannot be shared with another third party by the outsourced firm, hence supporting ECPA compliance.
FISA, Cybersecurity, Applicability and Compliance Support
Foreign Intelligence Surveillance Act of 1978 (FISA) is a federal law enacted as response to abuses of the U.S. persons’ privacy rights by some sections of the national government (USLEGAL, n.d.). Currently, FISA affects cybersecurity by providing the electronic surveillance and collection of foreign intelligence information. FISA can come handy in my organization because obtaining surveillance information about anticipated security threat towards my organization’s security systems in advance will enable the organization to take relevant precautions. Internal policy organizations to support FISA compliance will entail submitting to government authorities’ information that is likely to threaten national security for them to act on the threats.
Additional Privacy Law, its Impact on Organization and Compliance Mechanisms
The Financial Information and Privacy Law (FIPL).
This a law created to limit the transfer of personal customer’s financial information to other companies (Sidley, n.d.). As a banking institution, my organization ought to ensure information is not shared without consent. Otherwise, when customers discover that their information has been shared to other parties, they can seek judicial intervention and that can be detrimental to the bank. Supporting compliance for this policy can requires the bank to provide frequent information the use and/or sharing of any of the customer information.
Electronic Privacy Information Center (n.d.). Electronic Communications Privacy. Available at: https://epic.org/privacy/ecpa/
Sidley (n.d.). Financial Information Privacy Law. Available at: https://www.sidley.com/en/services/banking-and-financial-services/financial-information-and-privacy-law
USLEGAL (n.d.). Foreign Surveillance Act (FISA) Law and Legal definition. Available at: https://definitions.uslegal.com/f/foreign-intelligence-surveillance-act-fisa/
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