RU2682863C1 - System and method for assessing a web site for compliance with personal data legislation - Google Patents

Abstract

FIELD: information technology.SUBSTANCE: invention relates to the assessment of information systems such as a website for compliance with the requirements of personal data legislation. In the claimed invention, a computerized method and an evaluation system are implemented that reveal the signs of the personal data processing, collect information, analyze it, make a decision and compile the evaluation results.EFFECT: technical result of the present invention is to automatically detect a law violation on personal data in an information system that collects or processes personal data of users.11 cl, 6 dwg

Description

Technical field

The present invention relates to information security tools in electronic networks and, more specifically, to the assessment of web resources that process, including the collection and use of, data related to users, their compliance with the law, in particular the law on personal data , various states.

State of the art

Currently, more and more people interact with other people through electronic networks, both global, such as the Internet, and local, for example, the Intranet. The development of electronic networks has allowed them to be used as a means of obtaining or providing various services. Various web resources (websites) provide various services. Examples of web resources are information resources, online representations, including online stores, and web services, including social sites and search and mail services. Depending on the resource, in order to access the service, the user is required to provide various information, including personal (personal) data. Examples of personal data are data such as passport data, information about credit cards and other financial information, data about his family and much more.

In addition, websites also collect various user data for processing, for example, in order to provide the best service and needs to a specific user. The information collected may also apply to information about the user during his work with the corresponding website. For example, what information the user viewed, which pages made the transition, what actions he performed, etc. For example, to complete an online transaction or register on a website, it is usually necessary to provide personal information such as name, address, phone number, email address, credit card numbers, etc. In addition, the widespread use of mobile devices has influenced the emergence of a number of applications that also collect information about the user of the device for future use, for example, to improve the application. After providing this information to relevant websites or mobile device applications, the user loses further control over the use of the personal information provided by him, and is also unaware of the information collected about him.

Thus, it became necessary to provide a system for monitoring and managing the use of personal information. So, for example, in the application US 20170193624 A1 company PAYPAL INC. The system of certification and management of personal information for the exchange of personal information on the network is described, and the system includes processors associated with memory to determine the pre-authorized consent associated with the website.

Also, actions related to the management and control of the information collected and processed by users have also begun to be regulated at the legislative level of various states, in particular the Russian Federation (RF), the USA, Canada and the EU countries. For example, in the Russian Federation - federal law No. 152-ФЗ “On personal data”, in the EU countries - this is an act on the protection of personal data (English General Data Protection Regulation, GDPR), and in Canada - an act “Canadian Personal Information Protection and Electronic Documents Act (PIPEDA). " Personal data laws impose a number of standards and requirements on web resources that process, including the collection and use of, personal data of users, as well as data about the user. Examples of such requirements are requirements for ensuring confidentiality, informing the user about the collection of his personal data, obtaining the explicit consent (permission) of the user for the further use of his personal data and others.

At the same time, the implementation of legal requirements in the field of personal data and the organization of the proper protection of personal data are at an extremely low level. One of the reasons for the increase in the number of violations and related leaks of personal data is the failure to comply with the requirements of the law by a significant number of enterprises, in particular those associated with small or medium-sized businesses, and individuals.

In this regard, there is a task in ensuring the enforcement and control over the enforcement of this legislation by persons who own a website that falls under the requirements of the relevant legislation, i.e. processing personal data of users. To solve this problem, it became necessary to create an approach to assess the website’s compliance with the specified requirements with the subsequent identification of violations, and an approach to automatically bring the website that collects personal information of users into compliance with the legislation of the relevant state. In particular, in accordance with the legislation of the respective state, the website should contain the required level of protection / processing of users personal data, in particular, mandatory informing the user about the type, degree and purpose of using his data on websites or in mobile device applications.

Disclosure of invention

The present invention has been made in view of the problems described above, and the purpose of the present invention is to evaluate an information system (eg, a website) for compliance with personal data law with the possibility of detecting violations in accordance with these requirements, while taking into account the law of the country (jurisdiction) to which the information system (website) corresponds or the person to whom the specified information system belongs. So, the assessment affects at least such requirements as mandatory informing the user about the type, degree and purpose of using his data and obtaining consent from the user to use his personal data. In addition, during the assessment, the present invention allows to identify current threats to the security of personal (personal) user data.

One technical result of the present invention is the implementation of the purpose, namely, in assessing the compliance of the website with the requirements of the legislation on personal data.

Another technical result of the present invention is to automatically detect violations of the legislation on personal data in an information system that collects or processes personal data of users, by assessing the compliance of the information system with the specified requirements in the legislation on personal data. An information system refers to such features as a web resource, website, web page, or a combination thereof.

As one embodiment, a method is proposed, implemented by a computer, of assessing the compliance of a website with the requirements of the legislation on personal data, the method comprising the steps of: identifying at least one element containing signs of processing personal data of users, website collect information, including at least information from the website related to the indicated elements, signs of processing personal user data and legal requirements, and information about the website; analyze the collected information about the specified elements and characteristics of the website using the evaluation criteria, during which the compliance of each identified element with each evaluation criterion is determined; make a decision on the fact that the website does not comply with the requirements of the legislation on personal data on the basis of the analyzed information about the elements of the website; form assessment results that contain information about violations detected.

In another embodiment of the method, the necessary list of requirements of the legislation on personal data that is relevant for the website based on information about the website is additionally determined, at least information about the hosting of the website and the territorial affiliation of the website are used.

In yet another embodiment of the method, at least one of the following evaluation criteria is used:

- the presence of a user input consent window for the processing of personal data for each identified item,

- the presence of a user consent input box on the disclaimer of the owner of the site when processing data associated with user information,

- the presence of data transfer via secure protocols and SSL certificate,

- the availability of documents related to informing about the personal data processing policy.

In another embodiment of the method, information about the website is collected both on the website being verified and on other web resources containing information about the website.

In another embodiment of the method, during the analysis of the collected information, the weight value for each identified element is determined and the decision is made taking into account certain weight values.

In another embodiment of the method, an assessment criterion corresponds to each legislative requirement.

In yet another embodiment of the method, the weight values are determined based on the evaluation criteria.

As another embodiment, a system is proposed for assessing the website’s compliance with the requirements of the legislation on personal data, while the system contains: a scanning module designed to detect at least one element on the website, where the element contains signs of processing personal data of users, collection information, including at least information on the specified website, associated with the specified elements, signs of processing personal data of users and the requirements of the law lstva, and information about the website and the transmission of the collected information analysis module; an analysis module associated with the decision module, designed to analyze the collected information about the specified elements and features of the website using the evaluation criteria, during which the compliance of each identified element with each evaluation criterion is determined; a module for generating an evaluation result intended for: making a decision on the website’s non-compliance with the requirements of the legislation on personal data on the basis of the analyzed information about the elements of the website, generating an evaluation result that contains information about discovered violations; a data warehouse associated with these modules and designed to store at least the requirements of the legislation on personal data of different countries and evaluation criteria.

In another embodiment of the system, the analysis module additionally determines the list of requirements of the legislation on personal data, which is relevant for the website, based on the information collected.

In another embodiment of the system, at least information about the hosting of the website and the territorial affiliation of the website are used to determine the list of legal requirements.

In another embodiment of the system, the analysis module uses at least one of the following evaluation criteria in the analysis of these elements:

- the presence of a user input consent window for the processing of personal data for each identified item,

- the presence of a user consent input box on the disclaimer of the owner of the site when processing data associated with user information,

- the presence of data transfer via secure protocols and SSL certificate,

- the availability of documents related to informing about the personal data processing policy.

Brief Description of the Drawings

The accompanying drawings are included in this description and form part of it, illustrate one or more embodiments of the claimed technology together with a detailed description and serve to explain the principles and embodiments of the claimed technology.

FIG. 1 illustrates the interaction scheme of an information system of the form of a website with the claimed invention during its audit or bringing into compliance with the law.

FIG. 2 illustrates the structural diagram of a system for evaluating a website for compliance with legal requirements and for bringing it into compliance in case of violations.

FIG. 3 represents a method for evaluating an information system in the form of a website for compliance with legislation on personal data and detecting a violation.

FIG. 4 provides a way to bring a website that collects personal information of users into compliance with the legislation on personal data in case of violations.

FIG. 5 and 6 show examples of elements containing signs of processing personal data of users.

Description of Embodiments

The objects and features of the present invention, methods for achieving these objects and features will become apparent by reference to exemplary embodiments. However, the present invention is not limited to the exemplary embodiments disclosed below, it can be embodied in various forms. The above description is intended to help a person skilled in the art for a comprehensive understanding of the invention, which is defined only in the scope of the attached claims.

The present invention allows the verification of information systems such as website (hereinafter referred to as the website) for their compliance with the requirements of the legislation on the protection and processing of personal data of users, in particular the legislation of the Russian Federation on personal data, such as Federal Law N 152-ФЗ "On Personal data. " The verification is carried out on the basis of an assessment of the compliance of the website being checked with the requirements specified in the legislation on personal data with the identification of possible violations, if a website is found to be non-compliant with any requirement of the specified legislation on personal data. In particular, the requirements of the law are related to informing users (for example, by notification) about the collection of personal data, verifying the consent of the user or having the opportunity to give such consent to the processing of personal data for each specific category of personal data and to ensure security when transferring data between a web browser contained on the user's computer and the web server containing the website being checked. In case of violation, the presented invention has the opportunity to formulate a decision on the necessary changes on the website with the subsequent provision of such changes so that the website meets the necessary requirements.

In describing the present invention, at least the following terms will be used:

Legally significant actions are actions that entail the occurrence of any legal consequences. In the framework of the claimed invention, examples of such actions may be actions aimed at meeting the requirements of the law.

Legislative requirements mean formalized criteria of the legislation of the country to which the website belongs, and on the basis of the criteria, compliance assessment is carried out. In other words, the criteria are formed on the basis of legal requirements. It is worth noting that when changing the requirements of the legislation on personal data, the criteria are brought into line with them.

The processing of personal data refers to any action (operation) or set of actions (operations) performed using automation tools or without using such tools with personal data, including, but not limited to, collection, recording, systematization, accumulation, storage, clarification (updating , change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

Automated processing of personal data - processing of personal data using computer technology, such as a personal computer or web server.

Personal data - any information relating directly or indirectly to a specific or determined user, i.e. to an individual or subject of personal data. So, examples of personal data are last name, first name, middle name, date and place of birth, education, address, geolocation lists, identifiers of external information resources of a user in social networks, marital, social, property status, profession, personal audio, photo and video files, financial information, as well as cookies and other metadata, IP address, device identifiers (IMEI, UDID, IMSI, MAC address) through which the user interacts with the website, mobile phone number, etc.

Web site - an information system, which is a web resource hosted on a hosting provider. In this case, the information system can belong both to the organization (legal entity) and to another user (individual).

Website element - is part of a web page and / or a form containing information about personal data, and the form may be filled out and / or issued.

Operator - a legal or natural person who organizes and / or carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.

A script or script (English script) is a sequence of commands and / or actions, a small program or macro, executed by an application or OS in specific circumstances, for example, during user registration in the system. Scripts are often stored as text files that are interpreted at runtime.

Widget is a visual interface element, for example, for a website that has a specific function. In the present invention, the widget has the function of providing the necessary information to the website user.

The implementation of the presented invention includes identifying elements containing signs of processing personal and / or personal data of users on a website, collecting information on a website related to signs of processing personal data of users and information about a website, analyzing them, during which the category / type of data is determined on the identified elements of the website and the decision on the existence of non-compliance of the website from the website with the requirements of the legislation on personal data. In addition, the claimed invention allows to bring the website into compliance to eliminate the identified violations. The following describes embodiments of the invention in the form of systems and methods.

In FIG. 1 shows a diagram of the interaction of an information system such as a website with a website rating system 105 during its audit or bringing it into compliance with the laws of countries on personal data.

The website rating system 105 is implemented using a general-purpose computer system (not shown in Fig. 1), which can be either a personal computer or a web server 110. All components of modern computer devices are inherent in a computer system (hereinafter referred to as a computer). and / or web servers. A computer, including a file system, on which a recorded operating system is contained, as well as additional software applications, program modules, and program data. A computer is capable of operating in a networked environment, using a network connection with one or more remote computers. The remote computer (or computers) are the same personal computers or web servers. In addition, other computing devices, such as routers, network stations, peer-to-peer devices, or other network nodes through which you interact with website 120, may also be present on a computer network, such as the Internet 102.

Network connections can form both a local area network (LAN) and a wide area network (WAN), including networks of mobile operators. Such networks, for example, are used in corporate computer networks and, as a rule, have access to the Internet 102. In LAN or WAN networks, the computer is connected to the local network via a network adapter or network interface. When using networks, a computer can use various means of providing communication with a global computer network, such as the Internet 102, for example, a modem. It should be clarified that the network connections are only exemplary and are not required to display the exact network configuration.

Web site 120 is a web resource that combines a number of web pages 130 and is hosted, for example, on web server 1106. Typically, web server 1106 is owned by a hosting provider. A hosting provider combines the capabilities of a hosting (from the English hosting) and a provider (from the English internet service provider). A web server can also be called a computer program that performs the functions of a regular server (computer system), on which the program runs, but with the possibility of interaction in a global network. In addition to the web server, various server applications can be installed, for example, a mail server, file server, etc., each of which provides its own service. To access such services, special programs are used, such as a web browser, email client, file access client and others. Accordingly, users 170 using a web browser 180 can access the submitted data on websites 120 at the URL of their desired web page 140 of website 120.

It is worth noting that the interaction between website 120 and users 170, including with the website rating system 105, is performed using various data transfer protocols, such as HTTP (S), (S) FTP, SSH, POP3, SMTP and IMAP4. Thus, the website rating system 105, while checking the website 120 for compliance with legal requirements, remotely interacts with it through communication networks such as the Internet 102.

In addition, in order to fulfill its purpose, the website rating system 105 may also interact with various external services (information sources) in order to update data, for example, related to the requirements of the laws of countries, in case of changes in these requirements or the appearance of new requirements or laws.

Website 120, when interacting with user 170 through a web browser 180 installed on the user's computer 110, in most cases will process user data or data entered by the user, both at the request of the website and independently. Therefore, the website’s rating system, described below, allows you to check the website for compliance with the requirements of the legislation on personal data, prepare and make changes to eliminate the identified violations.

FIG. 2 illustrates a block diagram of a system for evaluating a website 105 for compliance with legal requirements and bringing it into compliance in case of violations.

The site rating system 105 is designed to evaluate a website that processes the user's personal data for compliance of the specified website with the requirements of the legislation on personal data. Moreover, the site rating system 105, depending on the territorial location of the hosting provider, which provides resources for the website, and the person (operator) who owns the website, generates a list of requirements for the website in accordance with the requirements of the legislation The country the website belongs to. So, for example, if the hosting provider that contains the website is geographically located on the territory of the Russian Federation, then the list of requirements will be formed in accordance with the requirements of Russian law. If the site operator is a person of the Russian Federation, then the list of requirements will also be formed in accordance with the legislation of the Russian Federation.

So, an example of the requirements of the legislation of the Russian Federation are such requirements as: the fulfillment by the owner (operator) of the website of the operator’s duties when processing data in accordance with the Federal Law; the user's consent to the processing of his personal data and for those processing purposes that are declared by the operator; ensuring confidentiality and protection of the processed data.

The website rating system 105, upon receipt of a request to check the website for compliance with the specified requirements, identifies at least one element containing signs of processing personal data of users on one website web page. As such elements, as mentioned above, there are at least various forms of personal data that are filled out and issued on the website. Personal data forms can include such typical fields as last name and first name, user IDs, credit card number, mailbox, callback order, basket, payment, registration, newsletter subscription (email) and so on. In addition, various mechanisms can be installed on the website that collect information about the user's actions on the website during its interaction with the website. Such mechanisms are also elements containing signs of the processing of personal data, and must comply with legal requirements. An example of such a mechanism is the technology for collecting cookies (from the English HTTP cookies).

The website rating system 105 includes at least the following modules when implemented: a scanning module 210, an analysis module 220, a module for generating evaluation results 230 and a data warehouse 250. In addition, a website rating system 105 for bringing the website into compliance with legal requirements in case of violations, it also contains a module for bringing into compliance 270 and a module for preparing changes 260. In yet another particular case of implementation, the website rating system 105 also contains a module for updating the requirements of the legislation 280. Each said module of the site rating system 105 may be either hardware or software that is implemented using a computer, or a combination thereof.

The scan module 210 is designed to scan a website with the ability to identify the above elements of the website and collect the necessary information. During the scanning of the website, the scanning module 210 collects information including both information related to the signs of processing personal data (first information) and information about the website itself (second information). The first information includes any information about these elements, including information related to legal requirements. It is worth noting that, when implementing this system, the requirements of the law are transformed into the necessary assessment criteria for subsequent analysis. Secondary information includes, but is not limited to, legal and contact information about the organization or person who runs the software and hardware for the website and its availability on the Internet, as well as information about the hosting provider that provides resources for hosting the website . In turn, this information (second information) allows you to determine the territorial affiliation of the site and the official status of the storage of personal data in the relevant territory (for example, the territory of the Russian Federation), which indicates the relevant requirements of the law. In addition, the information may also contain technical information about the Internet addresses to which the firmware is attached. The physical location of the hosting is determined at these addresses, which during analysis by analysis module 220 allows you to verify the accuracy of the declared legal address. The scanning module 210 transmits all the collected information to the analysis module 220 for subsequent operation. In a preferred embodiment, the collection of information is performed remotely via communication networks such as the Internet.

The analysis module 220 is configured to analyze the received information from the scanning module 210. The analysis of the information can be divided into two parts. One part is the analysis of the second information mentioned above, during which the territorial affiliation of the website and the operator is determined, followed by the selection of the necessary list of requirements of the legislation on personal data that is relevant for the website being checked at the time of verification. Therefore, the list of requirements is selected depending on the needs of the website assessment. In particular, during the analysis of the second information, information about the website hosting, which legislation and which state they comply with, is checked. Another part of the analysis is to verify the above first information about the identified elements containing signs of personal data processing. Each specified element is checked using the evaluation criteria formed on the basis of legislative requirements. Therefore, after determining the appropriate list of legislative requirements, evaluation criteria are selected. The analysis of the first information is based on the selected evaluation criteria, during which the correspondence of each identified element to each evaluation criterion is determined. So, for example, one of the evaluation criteria is at least the following criteria:

- the presence of a window for entering the user's consent to the processing of personal data (for example, in the form of a “checkmark”, button);

- the presence of a user consent input box for a disclaimer (English Disclaimer) of the site owner when processing data related to user information (for example, cookies);

- the presence of data transmission over secure protocols (HTTPS) and using an SSL certificate, its relevance;

- the availability of documents (data) related to informing the user about the personal data processing policy.

- the availability of relevant documents in the form of files or an electronic link to them for each form containing signs of processing personal data.

It is worth noting that the evaluation criteria can also take into account the class of processed data, since the legislation on personal data may impose requirements depending on the class of personal data. Personal data classes are, for example, classes such as ordinary personal data (such as full name, place of birth, TIN), special personal data (such as health status, race, religious beliefs) and biometric personal data (such as a copy of a photograph from a document, fingerprints, palm shape). The personal data class allows you to adjust the significance level, in the case of the implementation of the mechanism for determining the personal data class. So, storing only the last name, first name, and middle name sets the class of personal data as having low importance due to the lack of uniqueness for such sets of field values. Storage of unique personal identifiers, such as TIN, SNILS, numbers of medical insurance certificates and numbers of registered transport tickets and electronic payment cards, increases the significance of the element and the class of personal data to a high level. The higher the importance of this element, the higher the risks of unauthorized access to personal data, and the potential damage. Accordingly, depending on the class of personal data, evaluation criteria may also change, for example, related to verification of requirements to ensure the protection or confidentiality of personal data.

In the particular case of the invention, the site rating system (analysis module 220) can be configured in such a way that it always contains one list of legislative requirements that was originally created for a specific country or specific legislation (law). So, one implementation option will contain one liver of requirements, which will be described by federal law No. 152-fz “on personal data”. Another implementation option will contain a different list of requirements, which will contain requirements in accordance with all the legislation of a particular country. In this case, the lists may be updated. Such an implementation of the invention allows to optimize the site rating system to the conditions of a particular country or legislation. Thus, eliminating the stage of selecting requirements, but limiting the territory of use, it will allow us to adapt the assessment system and speed up the analysis process, but at the same time, there will still be a need to check the website for territorial affiliation.

In another particular case of the invention, another characteristic for selecting requirements and, accordingly, evaluation criteria is the identification of possible operations that can be performed on personal data. Examples of data operations are reading, writing, modifying, and deleting data. So, the ability to use this or that operation in an element containing signs of processing personal data of users of a website will leave its mark on the analysis of the collected information.

In another embodiment, when analyzing the information in accordance with the evaluation criteria, each indicated element can calculate a weight value, in accordance with which the presence of a violation will be determined using the decision module 230. The weight value depends on the degree of discrepancy of the specified element to any evaluation criterion. The determination of weight values is carried out by comparing the information collected about the element and the content of the criterion. For example, the element should contain a provision informing the user about the collection of the corresponding data class, but there is no such provision for the immediate element, while there is an informative position on the main page of the website. Accordingly, according to the specified conditions, the weight value will be calculated.

In one implementation option, the weight value may use a binary system for determining the element's non-compliance with legal requirements. In this case, in the case of a complete absence of violation, it will be determined as an element that meets the requirements. Otherwise, if even a slight discrepancy is detected, it will be determined as an element that does not meet the requirements of the law.

The analysis module 220, upon completion of the analysis of the information received from the scanning module, transmits the analysis results to the module for generating the evaluation results 230. The analysis results contain at least information about the verification of each element containing signs of processing personal data based on the evaluation criteria. Also, depending on the implementation of the invention, the analysis results may also contain information about the class of personal data, their significance and weight values of each element.

The module for generating the result of the assessment 230 (hereinafter - the module 230) is made with the possibility of making a decision on the site’s compliance with the requirements of the legislation on personal data and generating an assessment report that contains information about the violations found. The decision is made on the basis of the results of the analysis. The results of the analysis contain at least information on the compliance of each specified element with the evaluation criteria.

Also, in particular, a decision can be made on the basis of the weighted values of the identified elements, which describe the results of the assessment of compliance of each identified element with the evaluation criteria. In addition, the module 230 during the formation of the assessment report for each identified element that does not meet the requirements of the law, generates / makes information about the necessary changes. Next, module 230 provides a prepared assessment report to the requested person (operator).

In one embodiment of the website rating system 200, said system automatically prepares the required changes in order to bring the website into compliance with legal requirements. In this case, the system further comprises a change preparation module 260 and a mapping module 270.

So, if the assessment report contains information about detected violations of the requirements of the law, then module 230 notifies module 260 of the detected violations. For example, sends an assessment report.

Module 260 is configured to electronically generate a package of documents for each element, including those that do not comply with legal requirements. For this, the module 260 requests from the owner (operator) of the website through electronic interaction the data necessary to form a package of documents for each element of the website. The data requested is, but is not limited to, data such as owner identification number (TIN) or tax identification number of the organization. After receiving the data, module 260 generates a package of documents for each element of the website, taking into account the requirements of the legislation of the country that owns the website and the owners. Examples of documents that may be included in the created list are documents: a user’s consent document to the processing of personal data in the amount of data collected by the corresponding element, a document informing the user about the processing of personal data, a list of processed personal data, a policy regarding the processing of personal data, protection provisions personal data, instructions for the processing of personal data and others. It is worth noting that electronic samples of documents are stored in the data warehouse 250 and can be published and updated on the website remotely or transferred to the website and stored locally on it. In particular, the package of documents also contains documents that can be designed for several elements of the website at once. So, for example, a disclaimer is formed (English Disclaimer) - a written disclaimer of responsibility for the possible delicate consequences of an act as a result of the actions of those who have declared this refusal or of third parties.

Correspondence module 270 is designed to create program code that allows the user of the website to provide the necessary document or the entire package of documents, in the case of user interaction with an element that contains signs of processing personal data of the website. Module 270 generates the specified program code, which links the prepared documents from the package of documents with the corresponding elements of the website. In one embodiment, the generation of program code is based on a sample stored in a data warehouse 250. That is, adaptation to a specific website. Next, the module installs the generated program code on the website automatically or using the website operator. In the case of an unattended installation, the website operator, together with the data provided, which is described above, provides access to modify the website. Otherwise, the module provides the generated program code to the operator for posting on the website and awaits a response about such an installation. The generated program code, depending on the implementation, may be, for example, a script or widget.

It is worth noting that the package of documents for website elements can be stored both jointly with the website and remotely, for example, in the data warehouse 250 of the website rating system 200.

The principle of work after the formation of the package of documents and installation of the program code will be as follows: 1) the user accesses the website and refers to the element containing signs of processing personal data; 2) at this moment, the user is presented with the text of documents that meet the requirements of the law, using the installed program code; 3) in terms of informing the user with the help of documents, the implementation of the requirements of the law is carried out.

In yet another embodiment, the website’s rating system contains a module for updating the requirements of the legislation 280. Module 280 is designed to keep up-to-date the samples contained in the data warehouse and generated document packages for website elements. For this, module 280 interacts with special web resources on which changes to the law are stored or published. If a new change is detected, it makes changes on its own, for example, in sample documents, or forms a task to the module for preparing changes 260 to adjust the packages of documents. Thus, the module 280 periodically checks for relevance and updating documents if necessary.

It is worth noting that the data warehouse 250 is designed in such a way as to interact with all modules of the rating system of the website 200 and to provide storage of data necessary for the operation of the specified system 200. In particular, the data warehouse 250 contains the requirements of the legislation on personal data of different countries, evaluation criteria related to requirements, samples of electronic documents, a list of relevant documentation, a script for obtaining the necessary data for the preparation of documents, a sample program code for posting on the web t he in order to eliminate the violations.

In FIG. Figure 3 presents a method for evaluating an information system in the form of a website for compliance with legislation on personal data and identifying violations.

A method for evaluating an information system in the form of a website (a method for evaluating a website) makes it possible to identify possible violations by elements containing signs of processing personal data of a website of the requirements of personal data legislation. The website rating method is implemented using a computer system, in particular using the website rating system 200.

At step 310, a website is scanned, during which elements containing signs of processing personal user data are detected on the scanned website. If at least one of the indicated elements on one web page of the website is detected, then go to step 320. Otherwise, if the specified elements are not detected, shut down.

At step 320, information is collected, which includes the collection of information associated with the indicated elements and signs of processing personal data of users on the website and information about the website. Information about the website is collected both on the website itself and from other web resources containing information about the website being scanned. Examples of information collected and options from the collection are presented in the description of FIG. 2. In particular, the information collected about the elements and signs of processing includes information on the processed personal data and information on the implementation of the requirements of the legislation on personal data related to the processed personal data. For example, a search is made for documents informing the user about the processing of their personal data, about the consent of users to the processing of their personal data and other requirements. Website information includes, but is not limited to, legal and contact information about the website owner (operator) and information about the hosting provider that provides resources for hosting the website. After collecting the necessary information, go to step 330.

At 330, a necessary list of legal requirements for personal data is determined, which will contain relevant requirements for evaluating the website. The definition consists in identifying the territorial affiliation of the website and its owner on the basis of the collected data on the website and the subsequent selection of the relevant legal requirements for the territory. The territorial affiliation (belonging to the state, for example, to the Russian Federation) indicates the relationship of the website to that and other legislation and, accordingly, to their requirements. After determining the necessary legislation for evaluating the website, a list of requirements is formed from the requirements contained in the data warehouse. The data warehouse contains all the relevant requirements of the legislation of various countries at the time of the evaluation of the website. These requirements are pre-formalized and presented in a form that allows you to automatically evaluate the website, i.e. without human intervention. One of the options for such an implementation is to create evaluation criteria for evaluating a website based on legal requirements. Examples of evaluation criteria are presented in the description of FIG. 2.

It is worth noting that step 330, depending on the implementation, may also be an optional step. So, for example, in cases where the website is known to belong to a specific territory / state and / or a list of requirements is known, according to which verification is necessary. For example, the website operator notified the website’s rating system in advance (provided the necessary information), or the method is implemented in such a way as to evaluate compliance with a specific list of requirements. Then the list of requirements will contain requirements that comply with the legislation of the state for which the present invention (method or system) is adapted. Accordingly, step 330 can only consist in verifying that the website matches the corresponding website, or in general, step 330 will be omitted if we assume that the website meets specific requirements and that the website is assigned to a specific territory.

At step 340, an analysis is made of the collected information about the elements and their characteristics of the processing of personal data in accordance with a specific list of legislative requirements (evaluation criteria). So, for each identified element, information on this element is checked according to the evaluation criteria. In one embodiment, each weighting criterion may be assigned a weight value. In this case, when evaluating the element for compliance, the weight values are calculated. In another embodiment, a more rigorous assessment may be formed when, in case of non-compliance with at least one evaluation criterion, the element will be recognized as not meeting the requirements of the law.

At step 350, a decision is made that the website does not comply with the requirements of the legislation on personal data based on the analyzed information about the website elements. The decision is based on the analysis of each identified element of the website. So in the event that at least one element does not meet the requirements of the law, a decision is made on the violation of the website of the current legislation, which applies to the website being evaluated. Otherwise, if each element meets the specified requirements, then a decision is made on the compliance of the website with applicable law.

At step 360, the results of the website assessment are generated. The methods for generating the results of the assessment can be different and depend on the particular type of implementation of the invention. The results of the assessment are formed in a preferred form containing information about the violations found. In one embodiment, it is a text file containing information about the rating of a website that contains at least the conclusion of the rating in the form of violates or does not violate, and in case of violation, information about an element that does not meet the requirements and what criteria of the rating. In another embodiment, it is a task for the module for preparing changes 260, which contains information about violations, for the subsequent preparation of the necessary changes to satisfy the identified non-conformities.

FIG. 4 shows a way to bring a website that collects personal information of users in accordance with the legislation on personal data in case of violations.

At 420, information is collected similarly to the step 320 presented in the description of FIG. 3, and taking into account what is already known or elements have been identified that contain signs about the processing of personal data of users. At step 440, an analysis of the collected information is performed similarly to step 340. At step 450, a decision is made on whether the website has violated legal requirements. In the event that no non-compliance is found for each identified element of the website, they proceed to step 455, where a decision is made on the compliance of the website with the requirements of the law and completed. Otherwise, if at least one non-compliance with one element of the website is detected, then proceed to step 460. At step 460, evaluation results are generated that contain information about the detection of violations. The information at least includes information about the elements of the website and the evaluation criteria that the elements of the website do not meet. Next, at step 470, based on the generated report, using the module 260, a request for additional data is created and sent to the website owner / operator. The request is sent through electronic interaction. After receiving the response, they proceed to step 480. At step 480, a package of documents is generated in electronic form for each element that has been determined to be inconsistent with the requirements of the law, in accordance with the violated evaluation criteria based on sample documents stored in the data warehouse 250, and taking into account Received data from the website owner. In other words, a personalized package of documents is generated for each specified element of the website to eliminate identified violations and meet the requirements of the law. At step 490, program code is created that is posted on the website in order to create a link between the generated document package and the website element. In this case, when the user interacts with the website element, an appropriate package of documents will be provided. An example of program code is a script (English JavaScript) code / file or widget. Placement / embedding of the program code on the website can be implemented both with the help of the website operator, and in automatic mode. In automatic mode, you must have access to the website to modify it. It should be noted that the generated lists of documents can be stored both with the website and remotely, for example, in the data warehouse 250.

In FIG. 5 and 6 illustrate examples of web pages of websites that contain elements containing signs of processing personal data of users.

In FIG. 5 illustrates an example of a web page 500 on which an element 510 is provided in the form of a form, which in turn contains fields for entering personalized user data, such as a username 512 for identifying a user on a website and a website login password 514. The web page 500 also contains elements 520 and 530, which require checking for the presence of personal data of the user. For example, in the case of a re-entry of a previously registered user on the website, item 520 may contain a photo of the user that was previously obtained the first time you entered the website.

In FIG. 6 illustrates an example web page of an online bank. An element (section) 610 for transferring funds or paying financial bills is presented on web page 600. In section 610, it is required to enter the user's personal data in order to receive the corresponding online banking service. Section 620 contains an information field, which may also contain some personal user data, for example, user credentials on a website.

In conclusion, it should be noted that the information provided in the description are examples that do not limit the scope of the present invention defined by the claims.

Claims (33)

1. A computer-implemented method for evaluating a website’s compliance with personal data law requirements, the method comprising the steps of: a) identify at least one element containing signs of processing personal data of users on the website; b) collect information, including at least information from the website related to the indicated elements, signs of processing personal user data and legal requirements, and information about the website; c) analyze the collected information about the indicated elements and features of the website using the evaluation criteria, during which the compliance of each identified element with each evaluation criterion is determined; d) decide that the website does not comply with the requirements of the legislation on personal data on the basis of the analyzed information about the elements of the website; d) form the results of the assessment, which contain information about the discovered violations. 2. The method according to p. 1, which additionally, after step b) determines the necessary list of requirements of the legislation on personal data that is relevant for the website based on information about the website, at least using information about the hosting of the website site and website affiliation. 3. The method according to p. 1, in which at step c) use at least one of the following evaluation criteria: - the presence of a user input consent window for the processing of personal data for each identified item, - the presence of a user consent input box on the disclaimer of the owner of the site when processing data associated with user information, - the presence of data transfer via secure protocols and SSL certificate, - the availability of documents related to informing about the personal data processing policy. 4. The method according to claim 1, in which information about the website is collected both on the most verified website and on other web resources containing information about the website. 5. The method according to p. 1, in which during the analysis of the collected information determine the weight value for each identified item and the decision is made taking into account certain weight values. 6. The method according to p. 5, in which each requirement of the law meets the evaluation criteria. 7. The method according to claim 6, in which the weight values are determined based on the evaluation criteria. 8. The system for assessing the compliance of the website with the requirements of the legislation on personal data, while the system contains: scan module designed for - identifying at least one element on the website where the element contains signs of processing personal data of users, - collection of information, including at least information on the specified website, associated with the indicated elements, signs of processing personal data of users and legal requirements, and information about the website, - transmitting the collected information to the analysis module; an analysis module associated with the decision module, designed to analyze the collected information about the specified elements and features of the website using the evaluation criteria, during which the compliance of each identified element with each evaluation criterion is determined; evaluation result generation module, intended for (a) deciding that the website does not comply with the requirements of the legislation on personal data based on the analyzed information about the elements of the website; (b) generating an assessment result that contains information about the violations discovered; a data warehouse associated with these modules and designed to store at least the requirements of the legislation on personal data of different countries and evaluation criteria. 9. The system of claim 8, in which the analysis module further determines the list of requirements of the legislation on personal data, which is relevant for the website, based on the information collected. 10. The system according to claim 9, in which at least information about the hosting of the website and the territorial affiliation of the website are used to determine the list of legislative requirements. 11. The system of claim 8, wherein the analysis module uses at least one of the following evaluation criteria in the analysis of these elements: - the presence of a user input consent window for the processing of personal data for each identified item, - the presence of a user consent input box on the disclaimer of the owner of the site when processing data associated with user information, - the presence of data transfer via secure protocols and SSL certificate, - the availability of documents related to informing about the personal data processing policy.

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