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Questions You Should Be Asking About Data Protection and Privacy

  • What is the privacy policy?
    • Under what circumstances can it be modified?
    • How will I be notified of modifications? Will I be proactively contacted, or will I be responsible for monitoring a webpage?
  • How does the organization protect my data in transit?
    • does it use SSL (https://)?
  • How does the organization protect my data while in its data center (aka "at rest")?
    • is it encrypted?
    • is it housed in systems in the United States? Without exception?
    • How is access managed? E.g. who has access, and under what circumstances?
    • what controls are in place to ensure only appropriate staff are able to decrypt it, and under what circumstances?
      • normal use for intended purposes
      • in response to subpoena or other lawful judicial order (e.g. discovery process)?
  • How long has this organization been in business?
  • What information is available about its stability and long-term business prospects?
  • What if this organization goes out of business - what happens to my data?
    • Is there a data escrow plan in place?
  • What if this organization is acquired - what happens to my data?
    • What happens to my agreement(s) with the organization under new ownership or management? 
  • How long can an organization hold data about me after the end of our official business relationship?
    • what processes are in place to protect data after the relationship ends?
  • Can an organization use my information or pass it on without my consent?
  • There is inaccurate information held on my file. What can I do?
  • How do I get information (including medical records) held about me corrected?
  • How do I get an organization to stop using my data?
  • How do I get information held about me deleted?

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