When data is encrypted: 1. It must be reasonably encrypted to ensure confidentiality and integrity 2. It must be available even in the event the encryption key is lost, stolen or otherwise unavailable

“Standards” for encryption  Defining due diligence for UCLA  No rot-13!

 Types of data of concern  Things to consider  How to approach

Availability: Of what data? Records subject to a California Public Records Act request, including not falling under incidental personal use Administrative book of record data required by applicable law and policy Transient book of record data, e.g., original data created on a laptop that is book of record until it is transferred to a main database Data with under a legal obligation, such as: Non-book of record data (i.e., copies) that the University is under legal obligation to segregate, such as copies of data under a duty to preserve (e-discovery)e-discovery Research data subject to a contracts and grants requirement Data whose unavailability will cause some other institutional impact (e.g., information relevant to a patent dispute)

Availability: Things to consider 1 Availability is not a new requirement! It is driven by many legal obligations, including the California Public Records Act that speaks to transparency and accountability of public institutions.

Availability: Things to consider 2 Privacy and cultural concerns Intertwining with non-consensual access protocol Native encryption in applications / databases Native encryption of laptops Trend toward ubiquitous native hard disk encryption

Availability: How to approach Encryption key management