Saudi Latest Updates: Cybersecurity & Data

Essential Cybersecurity Controls 2024 (ECC – 2)

This summary captures the key points of the Essential Cybersecurity Controls 2024 (ECC-2).

Introduction

The document outlines the updated Essential Cybersecurity Controls (ECC) for 2024, which are designed to enhance cybersecurity measures within the Kingdom. This updated framework, aligned with Saudi Arabia’s national laws, introduces a comprehensive set of cybersecurity standards. These controls are governed by Saudi laws and are intended to be implemented across various sectors.

The ECC-2 focuses on four critical areas:

• Governance: Establishes policies and structures to ensure accountability and effective cybersecurity oversight.
• Defense: Implements proactive measures such as threat detection, access control, and intrusion prevention to mitigate risks.
• Resilience: Strengthens recovery capabilities to maintain business continuity during cyberattacks or disruptions.
• Third-Party & Cloud Security: Sets standards for managing risks posed by vendors and cloud providers, ensuring secure data exchange.

Objectives

The primary objectives of the ECC-2 are to:

• strengthen cybersecurity governance.
• enhance defense mechanisms against cyber threats.
• improve resilience to cyber incidents.
• ensure secure third-party and cloud computing practices.

Scope of Work and Applicability

The ECC-2 applies to all organizations within the Kingdom, providing a framework for implementing and complying with cybersecurity standards. It includes an assessment and compliance tool to help organizations evaluate their adherence to these controls.

ECC -2 Domains and Structure

The ECC -2 is divided into several main domains and subdomains:

1. Cybersecurity Governance: Focuses on policies, procedures, and organizational structures to manage cybersecurity risks.
2. Cybersecurity Defense: Involves technical measures to protect against cyber threats.
3. Cybersecurity Resilience: Ensures the ability to recover from cyber incidents.
4. Third-Party and Cloud Computing Cybersecurity: Addresses security measures for third-party services and cloud computing.

Implementation and Compliance

Organizations are required to implement these controls and regularly review and update their cybersecurity practices. The document provides a detailed structure and coding scheme for the controls, facilitating easier implementation and compliance tracking.

Appendices

The document includes several appendices:

• Terms and Definitions. Clarifies key terms used in the document.
• List of Abbreviations. Provides abbreviations for commonly used terms.
• List of Updates. Highlights changes from the previous version (ECC-1:2018)

Data Localization

While ECC-2 does not explicitly state data localization restrictions, a notable update in ECC-2 is the shift from the previous version’s clear mandate that government organizations data (and its companies and affiliates and private entities owning, operating or hosting critical national infrastructure) must be stored within the Kingdom to a broader emphasis on compliance with the Kingdom’s laws (specific reference to SDAIA). This may include data localization mandates as part of wider cybersecurity and data protection regulations, such as the Saudi Personal Data Protection Law.

SDAIA Personal Data Breach Incident Guide (Guide)

This summary captures the key points of the “SDAIA Personal Data Breach Incident Guide”.

Introduction

The Guide outlines procedures for handling personal data breaches in compliance with the Saudi Personal Data Protection Law. It aims to support controllers in managing data breaches effectively to minimize risks to data subjects.

This Guide details a three-stage response to data breaches and mandates notification to SDAIA within 72 hours of discovery. It emphasizes the importance of timely containment, notifying affected data subjects, and documenting breaches to prevent future incidents. These new frameworks reflect the Kingdom’s commitment to stronger cybersecurity and data governance, promoting trust and safeguarding organizations against evolving threats.

Definitions

Key terms are defined as per the Saudi Personal Data Protection Law, including “Controller,” “Data Protection Officer (DPO),” and “Personal Data Breach.”

Scope

The Guide applies to all controllers subject to the Saudi Personal Data Protection Law and its Implementing Regulations.

Stages of the Personal Data Breach Incidents Response

The response to personal data breaches is divided into three main stages:

Stage One: SDAIA Notice

• Controllers must notify SDAIA within 72 hours of becoming aware of a breach.
• The notice should include details such as the description of the breach, affected data subjects, risks, remedial actions, and contact information.

Stage Two: Breach Incident Containment

• Controllers must implement containment procedures, including identifying and changing breached data, notifying affected individuals, and taking measures to prevent further damage.
• Notifications to data subjects should be clear, detailed, and include guidelines to mitigate risks.

Stage Three: Documentation

• Controllers must retain documentation of the breach, actions taken, and lessons learned.
• This includes records submitted to SDAIA and corrective actions implemented.

This Guide provides a structured approach to managing personal data breaches, ensuring compliance with Saudi regulations and protecting the rights and interests of data subjects.

Rules of Procedure on Committees for Reviewing Violations of the Provisions of the Personal Data Protection Law and Its Implementing Regulations

This summary captures the key points of the “Committee Working Rules”.

Introduction

The document outlines the rules and procedures for committees responsible for reviewing violations of the Saudi Personal Data Protection Law and its regulations in the Kingdom.

Definitions

Key terms are defined, including:

• Competent Authority: The Saudi Data & AI Authority (SDAIA).
• Committee: A group formed to review violations.
• Member: Individuals appointed to the committee.
• Secretariat: The administrative body supporting the committees.

Scope

The rules apply to all entities subject to the Saudi Personal Data Protection Law.

Committee Formation and Membership

• Committees are formed by a decision from the head of the competent authority.
• Each committee must have at least three members, including a technical expert and a legal advisor.
• Membership terms are three years, renewable.
• The head of the competent authority can reconstitute the committee as needed.

Committee Responsibilities and Powers

• Committees review violations and impose penalties as per the law.
• They can summon individuals, request reports, and access relevant data.
• Committees can seek assistance from experts and specialists.

Secretariat Responsibilities

• The secretariat handles administrative tasks, including reviewing case files, ensuring completeness, and notifying parties of decisions.
• It also supports the committee in its functions.

Case Handling Procedures

• Complaints must be submitted within 60 days of the incident.
• The secretariat verifies the completeness and jurisdiction of cases before forwarding them to the committee.
• The committee can hold meetings in person or via electronic means.

Evidence and Notification

• Committees can accept any form of evidence deemed appropriate.
• Notifications can be made via text messages, email, national address, or other official means.

Decision Making

• Decisions must be made within 30 days of completing the case requirements.
• Decisions include details such as the names of parties, committee members, violation description, and penalties.
• Parties have the right to appeal decisions within 60 days.

Confidentiality and Penalties

• Committee deliberations and decisions are confidential unless otherwise specified.
• Penalties include warnings, fines up to five million riyals, and potentially doubling fines for repeated offenses.

General Provisions

• The rules are subject to periodic review and can be amended by the head of the competent authority.
• The Arabic language is the official language for all procedures and documents

Deepfake guidelines (Draft Guidelines)

This summary captures the key points of the “Deepfakes Guidelines” draft.

The Saudi data authority has issued a call for comments on the Draft Guidelines, which are open for consultation until 7 November 2024. As artificial intelligence tools become increasingly ubiquitous, the potential to manipulate audio and video to falsely represent individuals poses a substantial risk that must be mitigated to prevent misinformation and reputational damage. SDAIA issued the Draft Guidelines for producing insightful view on this subject, which offers valuable guidance for technology developers, content creators, regulators, and consumers on addressing this critical issue

Introduction and Problem Statement

The Draft Guidelines address the opportunities and challenges posed by deepfake technology, emphasizing ethical principles such as privacy, transparency, accountability, and social benefits. They provide recommendations for developers, content creators, and consumers to ensure responsible use of deepfakes.

Deepfakes are hyper-realistic synthetic media created using AI, posing risks like disinformation, fraud, and privacy invasion. The document highlights the need for comprehensive policies and countermeasures to address these risks.

Purpose and Scope of the Draft Guidelines

The Draft Guidelines aim to mitigate the risks associated with deepfakes while promoting their beneficial uses in sectors like marketing, entertainment, retail, education, healthcare, and culture.

Overview of Malicious Deepfakes

Malicious deepfakes include:

• Imposter Scams. Using deepfakes to impersonate trusted individuals.
• Non-consensual Manipulation. Creating explicit content without consent.
• Disinformation and Propaganda. Spreading false information to manipulate public perception.

Guidance for Deepfake Technology Developers

Developers should:

• Ensure regulatory compliance.
• Implement data privacy and protection measures.
• Maintain transparency and explainability.
• Address biases and ensure accountability.
• Focus on socially beneficial applications.

Guidance for Deepfake Content Creators

Content creators should:

• Comply with relevant laws and regulations.
• Secure explicit consent for using personal data.
• Maintain transparency through watermarks and documentation.
• Ensure accountability and responsible distribution of content.

Guidance for Regulators

Regulators should:

• Monitor and regulate platforms to prevent the spread of harmful deepfakes.
• Conduct risk assessments and establish approval processes.
• Impose penalties for misuse and ensure transparency through regular reporting.
• Educate the public and government employees about deepfake risks and detection.

Guidance for Deepfake Consumers to Detect Deepfakes and Prevent Risks

Consumers should:

• Assess the message and source of content.
• Analyze audio-visual elements for inconsistencies.
• Use tools to authenticate content.
• Report incidents and follow best practices to protect themselves and others.

Overview of Non-Malicious Deepfakes

Non-malicious applications include:

• Marketing. Personalized ads and virtual influencers.
• Entertainment. Film production and fan engagement.
•  Retail. Virtual try-ons and product pitches.
• Education. Interactive learning and virtual classrooms.
• Healthcare. Medical training and voice reconstruction.
• Culture. Historical reenactments and language preservation.

Conclusion

The Draft Guidelines emphasize the importance of ethical and responsible use of deepfakes to harness their positive potential while minimizing risks. Continuous learning, organizational preparedness, and public awareness are crucial for managing deepfake technology effectively.

Appendices

• Definitions. Key terms related to deepfakes.
• Training and Skills Development. Recommendations for ongoing education and workshops.
• Case Studies and Examples. Real-world scenarios illustrating both harmful and beneficial uses of deepfakes.
•  Risk Assessment Framework. Guidelines for developers to assess and mitigate risks.
• Sample Consent Form. Template for obtaining consent for using personal data in deepfake content creation.