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NIST SP 800-53 Rev. 5 · PT-5

Privacy Notice

US National Institute of Standards and Technology (NIST) · cited in 24 of our lessons

Explanation

What it asks for. Individuals must be given notice about the processing of their personally identifiable information that is available when they first interact with the organisation, clear and easy to understand, explains what is processed and why, and covers other defined information.

In practice. For European organisations this aligns closely with GDPR transparency obligations in Articles 13 and 14. Good practice is layered privacy notices in plain language, presented at the point of data collection, kept consistent with the record of processing activities. Auditors look for the notices, version history and evidence that they match actual processing.

Common gaps. Privacy notices often fall out of step with what systems actually do, especially after new tools or integrations are added. Notices written in legal language are hard for individuals to understand.

Open SP 800-53 at NIST
The official text
Provide notice to individuals about the processing of personally identifiable information that: a. Is available to individuals upon first interacting with an organization, and subsequently at [Assignment: organization-defined frequency]; b. Is clear and easy-to-understand, expressing information about personally identifiable information processing in plain language; c. Identifies the authority that authorizes the processing of personally identifiable information; d. Identifies the purposes for which personally identifiable information is to be processed; and e. Includes [Assignment: organization-defined information]. Discussion: Privacy notices help inform individuals about how their personally identifiable information is being processed by the system or organization. Organizations use privacy notices to inform individuals about how, under what authority, and for what purpose their personally identifiable information is processed, as well as other information such as choices individuals might have with respect to that processing and other parties with whom information is shared. Laws, executive orders, directives, regulations, or policies may require that privacy notices include specific elements or be provided in specific formats. Federal agency personnel consult with the senior agency official for privacy and legal counsel regarding when and where to provide privacy notices, as well as elements to include in privacy notices and required formats. In circumstances where laws or government-wide policies do not require privacy notices, organizational policies and determinations may require privacy notices and may serve as a source of the elements to include in privacy notices. Privacy risk assessments identify the privacy risks associated with the processing of personally identifiable information and may help organizations determine appropriate elements to include in a privacy notice to manage such risks. To help individuals understand how their information is being processed, organizations write materials in plain language and avoid technical jargon.

From NIST SP 800-53 Rev. 5, a work of the US government in the public domain.

Lessons that cite it

Real incidents where this item mattered: the latest 12 of 24.