Pen test privacy compliance before litigation or enforcement action

10/02/2023 | IAPP

As the threat of privacy litigation or regulatory enforcement action increases (albeit mostly outside of the UK), pen-testing cybersecurity controls is a valuable tool to evaluate privacy programme effectiveness. While similar to cybersecurity pen-testing, privacy pen-tests are different because they simulate how a law firm, consumer group or data protection authority investigates and litigates potential areas of privacy non-compliance. In this article, the IAPP writes that pen-testing includes identifying key elements of compliance in a company's privacy programme to test, deciding what applications fall within the scope of the exercise and reporting findings "in the form of privileged legal memorandums that outline the factual findings, legal analyses and recommendations." 

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