Most modern privacy legislation, such as the General Data Protection Regulation (GDPR), is intentionally principles-based and technology-neutral. These laws mandate that organizations implement "appropriate technical and organisational measures" to secure personal data, with appropriateness determined by a risk assessment. They deliberately avoid prescribing a specific list of required technical controls. This approach ensures the law remains relevant as technology evolves and allows organizations to select controls that are suitable for their specific processing activities, risks, and resources. While examples may be provided, they are not a mandatory, exhaustive list.

A. Technical security controls are a crucial component of a data governance strategy, as they are the mechanisms used to enforce policies for data protection and management.

B. Implementing security controls based on internationally recognized standards (e.g., ISO 27001, NIST CSF) often satisfies the security requirements of multiple jurisdictions' privacy laws.

D. The effective selection, implementation, and maintenance of technical security controls require specialized security knowledge to ensure they are configured correctly and adequately mitigate risks.

1. General Data Protection Regulation (EU) 2016/679

Article 32(1). The regulation states that controllers and processors shall implement "appropriate technical and organisational measures to ensure a level of security appropriate to the risk

" providing examples such as pseudonymisation and encryption

but not mandating them in all cases. This demonstrates the principles-based

non-prescriptive nature of the law regarding specific controls.

2. Densmore

R. (2019). Privacy Program Management: Tools for Managing Privacy Within Your Organization (3rd ed.). IAPP. In Chapter 5

"Protect

" the text explains that privacy laws require a risk-based approach to security. It emphasizes that "most laws do not prescribe specific security controls

" instead requiring measures that are "reasonable" or "appropriate" to the level of risk.

3. NIST. (2020). NIST Privacy Framework: A Tool for Improving Privacy through Enterprise Risk Management

Version 1.0. The framework is designed to be "outcome-based

technology-agnostic

and adaptable to any organization" (p. 4). This supports the principle that modern privacy and security management relies on flexible

risk-based approaches rather than rigid

prescribed technical controls. (DOI: https://doi.org/10.6028/NIST.CSWP.1.0)