Alessandro AleddaInsider Threat and Risk

ITER/FrameworkFramework for the reporting acts an insider event obliges

Five kinds of insider event, and under each of them the reporting acts it obliges. Two events are the same type when they trigger the same obligations, or when the facts those obligations require are established by materially different means. An act is one reporting act that a regulation or directive obliges, with what to do, whom it is owed to, the term, and the point the term runs from; the four Union instruments on the record are the General Data Protection Regulation (GDPR), the NIS2 Directive, the Digital Operational Resilience Act (DORA) and the Market Abuse Regulation (MAR). An event can be more than one type; the record then carries the obligations of each, rather than choosing one.

The five types

What a program has in place before any of these happens is in INTRA: IR006  |  Notification to a supervisory authority and IR007  |  Notification to affected persons, each with what every European jurisdiction has established on it.

Why five, and why the fifth

Four of the five are the property the event breaks: confidentiality in T1 and T2, integrity in T3, availability in T4. T5 is a type on the same rule as the others and not on that axis. It triggers the GDPR’s obligations on its own, because unauthorized access is in the definition of a breach; and the facts those obligations require are established by different means, since nothing left: what has to be established is the purpose and the extent of a consultation, not what was taken and who now holds it. That is the test in the definition of a type, and T5 passes it. A taxonomy built on the property alone would not have found it, and the one decided case of an insider event on this record is a T5.

Why insider events differ from other incidents

The access looks legitimate, because it is

An intrusion is anomalous by nature. An insider’s access is a normal transaction by a user entitled to make it, so establishing that it was unauthorized is a question about purpose and not about traffic. The European Data Protection Board (EDPB) says these breaches may be the hardest of all to prevent, because doing the job requires the access.edpb 1 2021 · §72

The risk cannot be called low while intent is unknown

The controller has no reassurance about what the person meant to do, and the EDPB treats that absence as a reason not to call the risk low.edpb 1 2021 · §74

ITER’s reading. The default posture is notification, not silence, and purpose is the one fact with no term attached to it.Marked as inference. The source says the first sentence; the second is drawn from it.

Establishing intent means investigating an employee

The evidence that would date the awareness and settle the risk is evidence about a member of staff. Collecting it engages workplace monitoring law, works council involvement and the limits on covert observation. No other class of incident has its investigation constrained by the relationship between the investigator and the subject.Marked as inference. Drawn from no provision quoted here.

Cross-cutting conditions

  • Conditions. What the organization is, and where it is, decides which regimes reach it. One condition switches obligations off: where a sector-specific Union act covers the same ground and its requirements are at least equivalent in effect, the general one does not apply.
  • The moment of knowledge. Every term stated in hours runs from it, directly or through the act before it, and no instrument defines it. What MAR states in words runs from other facts: the information becoming inside information, a disclosure, the loss of confidentiality. One of those acts says outright that nothing declares the moment and no authority starts the clock.
  • The union. Ransomware that also exfiltrates is an interruption and a disclosure at once. The record carries both sets of obligations.

Common definitions

Every page here uses these. Each is also a field in the record, so a term on this page is a column in the data.

Type

A set of obligations. Two events are the same type when they trigger the same obligations, or when the facts those obligations require are established by materially different means. An event can be more than one type, and the record carries the union.

Condition

A circumstance that switches obligations on: what the organization is, and where. One condition switches them off, where a sector-specific Union act covers the same ground and its requirements are at least equivalent in effect, the general one does not apply.

Act

One reporting act. What to do, whom it is owed to, the term, the point the term runs from, what has to be established first, and the consequence the source itself states.

Term

The interval an instrument states. Twenty-four hours, seventy-two hours, one month. They are the same across the Union; what differs is the point they run from.

Anchor

The point a term runs from, on the scale below. This is the part that moves.

Stage

Where an act attaches its clock, on one scale with four points: occurrence, when the event happened; detection, when something was noticed; awareness, when the organization is taken to know a significant incident occurred, which is where the Directive attaches; and determination, when someone inside decides it qualifies. Five national acts attach earlier than the Directive and two attach later, and the two directions are not the same problem: detection is checkable from a timestamp, determination is fixed by the organization's own record, and nothing outside it establishes when it happened.

Awareness

The moment the organization is taken to know, and the point every term runs from, directly or through the act before it. No instrument defines it; the EDPB reads it as a reasonable degree of certainty that a breach has occurred. It is a standard and not a declaration: a fact about what the organization knew, fixed by the standard and not by the organization. What the organization fixes in advance is the evidence at which it will treat the standard as met, and who establishes that it has been.

Record of awareness

The organization's own account of when the standard was met, made by the person named to establish it. It is evidence of the moment and does not create it. A record made after the standard was met is a late record, and the term has run from the standard.

Jurisdiction

A state in which the record names a body a report is owed to. Every count on these pages uses this definition: the Member States of the Union, the three states of the European Economic Area in which the instruments apply, and the two states outside the Union where what binds instead is read as an equivalent.

Reading

A conclusion ITER draws from a source and does not attribute to it. It is a field of its own in the record, and on the page it is marked as ITER's reading, apart from what the source states.

Unless

The condition on which a duty does not arise. It is drawn beside the act it belongs to, because it decides whether the row applies at all.

Layer

Which of three things a row is. An obligation is a Union instrument and is the same everywhere. An implementation is what one Member State did with it, and may move a term or the moment it runs from. A procedure is the machinery for discharging it: which body, which portal, which credential, and is national in every case. When anything here says the instruments are the same across the Union, it is speaking about the first.

Evidence

What holds a row up, computed by the build from the kinds of source it cites. Binding means it was read in the text that binds. Reported means it was read in an authority’s account of that text. Provisional means it rests on something said about an instrument that does not yet bind. Unresolved means no settled position is recorded. The weakest source a row cites decides its mark.

Calibration

Where an instrument leaves a test open, the record carries the case in which a body applied it. It supplies no threshold of its own.

Divergence

Where a national act moves a term, or the point a term runs from. Twelve of the thirty transpositions read here move one, and the row says which.

Standing

What a source is: the act itself, read in a gazette, or an authority's account of it. Both are recorded and they are not equivalent.

Channel

Where a notification is physically sent: a portal, a form, an address. The instruments name a recipient and almost never this.

Kind

What a source is, which sets how long it may go unread before it has to be looked at again. The build computes it and stops when a source is long past due.

EDPB

The European Data Protection Board: the body in which the Union's supervisory authorities sit. Its guidelines set the standard for when an organization is aware of a breach, and its worked cases are the decided cases this record calibrates on. Not the board of the organization.

Absences

T3, T4 are calibrated on decided cases whose actor is external. No decided case with an insider actor on those limbs is on the record; it was searched for and not found.

3 of 8 equivalents outside the Union are not read: DORA in the United Kingdom, DORA in Switzerland, MAR in Switzerland.

17 of 32 countries carry no reporting address: some take notifications by electronic mail, and some publish a platform this record could not reach.