Federal Agencies Struggle to Meet Crucial Privacy Goal: A Setback for Data Protection

Privacy Federal agencies are falling behind on meeting key privacy goal set five years ago

NIST Framework and Delays in Implementation

Nearly five years after standards were established for how federal agencies should incorporate privacy concerns into their risk management strategies, many have still failed to do so. In 2018, the National Institute of Standards and Technology (NIST) published a framework outlining how agencies should incorporate privacy into their risk management tools. However, a recent review conducted by FedScoop and CyberScoop found that several agencies, including the State Department, NASA, and the Department of Housing and Urban Development, are still working on meeting these privacy recommendations. The Departments of Defense and Housing and Urban Development, as well as the Department of Energy, have outlined their plans to complete their strategies in the coming months. However, other agencies, such as the Department of the Interior and the Department of Justice, have not provided updates on their progress, leaving their compliance status uncertain.

Complexity and Consequences

The delays in meeting privacy standards highlight the complexity of managing privacy concerns within the federal IT bureaucracy. Additionally, a lack of consequences for failing to implement these standards contributes to the lack of compliance. According to John Davisson, senior counsel and director of litigation at the Electronic Privacy Information Center, there are currently no consequences for agencies that fail to produce the required privacy documentation. This lack of accountability raises concerns among privacy experts, who worry that the federal government is ill-prepared to handle the ever-growing amount of data it collects, especially as it embraces data-reliant technologies like artificial intelligence.

Risk Management Strategies and Privacy

Risk management strategies serve as frameworks for federal agencies to manage the technologies and information they handle. These strategies are designed to help agencies implement controls and policies to protect sensitive data, such as health care information and national security systems. The focus of risk management frameworks is to evaluate the benefits and risks associated with collecting and managing specific types of information. For example, the Census Bureau’s proposal to add a citizenship question to the 2020 census, which was ultimately not included, would have enhanced privacy risks for census respondents and potentially lowered response rates. A coherent risk management framework would have considered these privacy risks.

Need for Privacy-Aware Risk Management

Privacy experts argue that risk management strategies that address privacy concerns are crucial for agencies to understand the risks they face if they fail to adequately protect data. By elevating privacy as a risk on par with other enterprise risks, agencies can better comprehend the magnitude of the hazards involved. Incorporating privacy into risk management strategies is required by Office of Management and Budget Circular A-130 and is further detailed in NIST Special Publication 800-37, which outlines the framework for incorporating privacy into risk management tools. However, many agencies are still working to fulfill the requirements outlined by NIST, indicating the magnitude of the challenge faced by the government in responding to privacy risks.

Editorial: Prioritizing Privacy and Data Protection

The recent findings of federal agencies’ delays in implementing privacy standards are concerning and shed light on the need for a stronger commitment to privacy and data protection by the U.S. government. As the government collects and stores an increasing amount of personal data, it must prioritize the implementation of privacy safeguards to ensure the security and protection of citizens’ information.

Complexity and Accountability

The complexities of managing privacy concerns within the federal IT bureaucracy should not serve as an excuse for agencies to fall behind on meeting privacy goals. The lack of consequences for non-compliance with privacy standards highlights a systemic issue that needs to be addressed. Without accountability, agencies may not prioritize privacy and data protection, leading to potential breaches and misuse of citizens’ personal information.

Importance of Risk Management Strategies

Risk management strategies play a vital role in identifying and mitigating potential privacy risks. By incorporating privacy into these strategies, agencies can assess the benefits and risks associated with collecting and managing specific types of information. This approach ensures that agencies are aware of the potential privacy implications of their actions and can make informed decisions to protect citizens’ information effectively.

Need for Resources and Awareness

Agencies must allocate sufficient resources and personnel to address privacy concerns and implement risk management strategies effectively. Hiring privacy-focused staff and providing ongoing training and awareness programs are essential steps towards safeguarding personal data. Additionally, federal agencies should collaborate with external experts and organizations to share best practices and stay up to date with evolving privacy standards and technologies.

Advice: Strengthening Privacy Standards

To strengthen privacy standards and ensure the protection of personal data, the U.S. government should take the following steps:

Establish Clear Consequences

Federal agencies must face consequences for failing to implement privacy standards. This can be achieved through legislation or policy changes that outline penalties for non-compliance. By establishing clear consequences, agencies will be motivated to prioritize privacy and data protection.

Promote Interagency Collaboration

Interagency collaboration is crucial to addressing complex privacy challenges. Federal agencies should actively share best practices and lessons learned to ensure that privacy standards are effectively implemented across the government. Collaborative efforts can also help mitigate resource constraints by pooling expertise and resources.

Invest in Resources and Training

Agencies should allocate adequate resources and personnel to address privacy concerns and implement risk management strategies. This includes hiring privacy-focused staff, providing ongoing training, and raising awareness among all employees about the importance of privacy and data protection.

Regularly Evaluate and Update Standards

Privacy standards and risk management frameworks should be regularly evaluated and updated to keep pace with technological advancements and evolving privacy risks. This can be achieved through continuous collaboration with experts, industry stakeholders, and the public to ensure that standards remain effective and relevant.

In conclusion, the U.S. government must prioritize privacy and data protection by addressing the delays in implementing privacy standards among federal agencies. By establishing clear consequences, promoting interagency collaboration, investing in resources and training, and regularly evaluating and updating standards, the government can ensure the effective protection of personal data in an increasingly data-driven world.