Now that we have explored privacy laws, let's explore what happens when these laws are violated.

Imagine you're a member of the security team for a small business. You are discussing how to manage evidence collection in order to make recommendations to senior management. For your initial post, select one of the types of legal disputes (civil, criminal, or private) and recommend a law, policy, procedure, standard, or guideline to ensure the evidence is collected and maintained in accordance with the privacy laws discussed in this course.

In your response posts, select a different type of legal dispute and discuss how the recommended law, policy, procedure, standard, or guideline aligns with evidence collection and maintenance for this different dispute. Does the law, policy, procedure, standard, or guideline (as stated) adhere to the laws for that legal dispute? What changes or additional measures would you recommend to ensure compliance for that legal dispute?

To complete this assignment, review the Discussion Rubric.

RESPONSE ONE

As a member of the security team for a small business, it is critical to ensure that evidence collection aligns with privacy laws and legal standards. When dealing with a civil legal dispute, such as a lawsuit involving a data breach or an employee violating a confidentiality agreement, proper evidence collection and maintenance are essential to avoid legal challenges.

One key policy that should be followed is the Chain of Custody process, which ensures that digital evidence is properly collected, documented, and preserved for legal proceedings. The National Institute of Standards and Technology (NIST) Special Publication 800-86 provides guidance on digital forensic analysis and evidence handling. This standard outlines best practices for identifying, collecting, analyzing, and reporting digital evidence while maintaining its integrity.

To comply with privacy laws such as the Electronic Communications Privacy Act (ECPA) and General Data Protection Regulation (GDPR) (if applicable), the business should implement procedures that:

• Document every step of evidence handling, including timestamps, handlers, and storage locations.
• Ensure evidence integrity using cryptographic hashes (e.g., SHA-256) to detect tampering.
• Restrict access to authorized personnel only, preventing unauthorized modifications.
• Obtain proper consent or legal authorization before accessing employee or customer data.

By implementing a robust Chain of Custody process and adhering to NIST guidelines, the business can ensure that evidence collected in civil disputes is legally admissible while respecting privacy laws.

Thank you for reading, hope everyone is having a great week, and God bless!

RESPONSE TWO

Hey everyone,

For a security team, it’s essential to make sure we collect and handle evidence properly, especially in a civil legal dispute—for example, if a customer or employee sues the organization over a privacy issue. One key way to stay compliant with privacy laws is by having a Data Retention and Preservation Policy that outlines how we manage sensitive information. For example, with a regulation such as GDPR and CCPA, upholding these laws as well as staying compliant would take form in clearly defining what sensitive information is as well as disclosing how information may be collected and for what purposes data is being used for. Following these steps helps us stay compliant, avoid legal trouble, and protect people’s privacy.