What To Expect From The NIST Privacy Framework

In September 2018, connecting to the official website of the National Institute of Standards and Technology (NIST) would show it had announced its plan to develop a framework to manage privacy risks using the same process as their incredibly successful cybersecurity framework (NIST CSF) for managing data and cybersecurity risk.

Since the preliminary draft of the NIST Privacy Framework was released, NIST has hosted multiple workshops and webinars soliciting comments on the preliminary draft from both the private and public sectors in the same fashion as the NIST Cybersecurity Framework. During this development phase, we’ve kept an ear to the ground for what to expect.

This framework provides a structured approach to privacy risk management that complements the widely adopted NIST CSF while addressing the unique challenges of protecting personal information in increasingly complex data ecosystems.

NIST Privacy Framework Definition and Purpose

The NIST Privacy Framework is an adaptable privacy risk management tool designed to help organizations build better privacy foundations by:

1. Building customer trust through ethical and responsible data handling practices
2. Fulfilling current compliance obligations under various privacy regulations
3. Facilitating communication about privacy practices within organizations and with stakeholders
4. Supporting continued innovation in products and services while protecting individual privacy
5. Creating a common language for addressing privacy risk across the private sector, government, and society

Unlike prescriptive compliance checklists, the Privacy Framework offers a flexible, outcome-based approach that allows organizations of any size, in any sector, to customize implementation based on their specific needs, technologies, and business objectives.

NIST Privacy Framework Core Structure

The NIST Privacy Framework consists of three primary components that work together to enable a comprehensive approach to privacy risk management:

1. Core

The Core is the central element of the framework, providing a detailed set of privacy activities and outcomes organized around five key functions:

Identify-P

Activities focused on developing organizational understanding to manage privacy risk:

• Inventory data processing activities
• Establish privacy policies and procedures
• Identify legal/regulatory requirements
• Conduct privacy risk assessments
• Develop privacy risk management strategy

Govern-P

Activities related to developing and implementing the organizational governance structure:

• Establish privacy values and policies
• Define privacy roles and responsibilities
• Manage privacy requirements for suppliers and partners
• Develop privacy awareness and training programs
• Monitor and review governance program effectiveness

Control-P

Activities that develop and implement appropriate safeguards:

• Manage data according to privacy policies
• Implement access controls for personal data
• Protect data-in-transit and data-at-rest
• Maintain data quality and integrity
• Implement data minimization and retention protocols

Communicate-P

Activities used to communicate privacy practices and manage data subject requests:

• Develop privacy notices
• Create mechanisms for data subject access and consent
• Establish communication channels for privacy inquiries
• Develop incident communication procedures
• Track and document communications

Protect-P

Activities that focus on data processing protections:

• Implement privacy by design principles
• Apply technical safeguards to protect privacy
• Employ privacy-enhancing technologies
• Conduct privacy impact assessments
• Implement deidentification techniques

2. Profiles

Profiles represent the alignment of the Core functions and categories with the specific business needs and risk management priorities of an organization:

• Current Profile: Documents the privacy outcomes currently being achieved
• Target Profile: Outlines the desired privacy outcomes the organization aims to achieve
• The gap between these profiles helps organizations develop privacy improvement roadmaps

3. Implementation Tiers

The Implementation Tiers provide context on how an organization views privacy risk and its processes for managing that risk:

• Tier 1 (Partial): Privacy risk management practices are ad hoc and reactive
• Tier 2 (Risk Informed): Risk management practices are approved but may not be established organization-wide
• Tier 3 (Repeatable): Formal privacy policies are in place and consistently implemented
• Tier 4 (Adaptive): Organization adapts privacy practices based on lessons learned and predictive indicators

Unlike the Cybersecurity Framework tiers, the Privacy Framework tiers do not represent maturity levels but rather describe increasing degrees of rigor in privacy risk management approaches.

Relationship to Other Frameworks

The NIST Privacy Framework is designed to complement and integrate with other key frameworks:

NIST Cybersecurity Framework

While the Cybersecurity Framework focuses on protecting against unauthorized access, the Privacy Framework addresses authorized data processing that could create privacy risks. Together, they provide comprehensive protection for both security and privacy concerns.

International Privacy Standards

The framework aligns with international standards including ISO/IEC 27701, GDPR requirements, and other global privacy regulations, allowing organizations to demonstrate compliance across multiple jurisdictions.

Industry-Specific Frameworks

Organizations can map the Privacy Framework to industry-specific requirements like HIPAA for healthcare or GLBA for financial services, creating integrated compliance approaches.

Implementation Approach

Organizations implementing the NIST Privacy Framework typically follow these steps:

1. Prioritize and Scope: Identify business objectives and organizational priorities
2. Orient: Identify related systems, assets, regulatory requirements, and overall risk approach
3. Create Current Profile: Develop a Current Profile that reflects existing privacy outcomes
4. Conduct Risk Assessment: Analyze the operational environment to discern the likelihood and impact of privacy events
5. Create Target Profile: Create a Target Profile focusing on assessment of the Framework Categories and Subcategories
6. Determine Gaps: Compare Current and Target Profiles to determine gaps
7. Implement Action Plan: Develop a prioritized action plan to address gaps and achieve progress
8. Continuous Monitoring: Maintain ongoing awareness to ensure privacy risk management remains effective

Effective implementation often leverages specialized tools like CyberSaint's privacy management platform that can automate framework mapping, track implementation progress, and generate compliance documentation.

Key Benefits

Organizations that implement the NIST Privacy Framework experience multiple advantages:

1. Risk-Based Approach: Focuses resources on the highest privacy risks rather than checkbox compliance
2. Operational Integration: Embeds privacy considerations into business operations and system development
3. Regulatory Alignment: Creates a foundation for compliance with multiple privacy regulations worldwide
4. Scalability: Applicable to organizations of any size or complexity
5. Communication Tool: Facilitates communication about privacy practices with stakeholders
6. Innovation Support: Enables responsible data use while managing privacy risks
7. Trust Building: Demonstrates commitment to responsible data stewardship

Practical Application

The framework's flexibility allows it to be applied across various contexts:

• Enterprise-Wide Implementation: Creating comprehensive privacy programs
• System Development: Incorporating privacy by design principles
• Product Development: Building privacy into new products and services
• Supply Chain Management: Managing privacy requirements across vendors
• M&A Due Diligence: Assessing privacy maturity in acquisition targets
• Board Reporting: Communicating privacy posture to leadership

Advanced cyber risk management platforms like CyberSaint provide specialized functionality for NIST Privacy Framework implementation, including automated assessments, gap analysis, risk prioritization, and comprehensive reporting capabilities that streamline adoption and ongoing management of this important framework.

By implementing the NIST Privacy Framework through a structured approach, organizations not only strengthen their privacy posture but also build customer trust, reduce compliance costs, and enable responsible innovation in an increasingly data-driven economy.