ASD ISM 1626 Seek legal advice for insider threat plans
What it says
Legal advice is sought regarding the development and implementation of an insider threat mitigation program.
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What it means
In plain EnglishGet legal advice when making and applying plans to handle insider threats.
This control is about getting legal help when planning how to protect your business from insiders who might misuse their access to your systems and data. It's crucial because if you don't involve legal experts, you might break the law or miss crucial protections, leading to damaged reputation, legal trouble, or financial loss.
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Why it matters
Without legal guidance, insider threat plans may inadvertently breach laws, resulting in costly legal issues and reputational damage.
How to implement
Business owners should consult with a legal advisor to understand the legal requirements involved in developing an insider threat program.
They can find a legal advisor through a professional legal firm or local business network and schedule a meeting to discuss potential legal considerations.
HR managers should work with the legal advisor to ensure that all employee agreements include clear expectations regarding data usage and behaviour.
This can be done by reviewing current contracts and updating clauses related to confidentiality and data protection.
The IT team leader should collaborate with the legal advisor to set up a system for monitoring employee activity that complies with privacy laws.
This involves identifying monitoring tools that respect privacy but detect unusual behaviour and configuring them accordingly.
Managers should arrange training sessions for staff that include components about legal responsibilities and data protection obligations.
They can do this by integrating privacy regulations and company policies in existing training programs and making it part of the onboarding process.
The compliance officer should ensure that any action taken against an employee suspected of being a threat is legally sound.
This involves documenting all investigative steps and having them reviewed by a legal professional before proceeding with disciplinary actions.
Keep it running
Engage legal counsel to review insider threat program design, monitoring, investigations and reporting for privacy and workplace law compliance.
Evidence and audit
- Check 1 of 5What an auditor asks for
Ask for
The legal advisor engagement records: Request the agreement or contract between the organisation and the legal advisor concerning insider threat programs.
Look at
The start date and scope of services provided.
Good evidence
Is a clear record showing ongoing legal consultation on insider threats.
- Check 2 of 5What an auditor asks for
Ask for
Updated employee contracts: Request examples of employee contracts that include insider threat clauses.
Look at
Clauses covering confidentiality, data protection, and legal obligations.
Good evidence
Result is contracts showing these updated sections, approved by a legal advisor.
- Check 3 of 5What an auditor asks for
Ask for
Documentation of monitoring tools used: Request the list of monitoring tools implemented to detect insider threats.
Look at
Descriptions of how each tool respects privacy laws while identifying suspicious activities.
Good evidence
Includes detailed documentation reviewed by a legal professional.
- Check 4 of 5What an auditor asks for
Ask for
To see training materials for staff: Request copies of training materials or programs addressing legal responsibilities in data protection.
Look at
Sections related to laws and company policies concerning insider threats.
Good evidence
Outcome is comprehensive materials with legal input.
- Check 5 of 5What an auditor asks for
Ask for
Incident response records: Request records of any investigations or actions taken against insiders.
Look at
Documentation that these steps were reviewed for legal compliance.
Good evidence
Record demonstrates all steps were taken with legal oversight.
Mappings
Closest match in ISO/IEC 27001: A.5.31, Compliance with information security legal requirements, which this control partially meets.
ISO/IEC 27001: 1 mapping
This control partially meets A.5.31.
ISM-1626 requires an organisation to seek legal advice when developing and implementing an insider threat mitigation program. This supports ISO/IEC 27001:2022 Annex A 5.31 by helping the organisation identify, interpret, and keep current the legal and regulatory requirements that apply to insider threat activities, such as monitoring, investigations, disciplinary actions, and handling evidence. Annex A 5.31 is broader across all information security legal requirements, while ISM-1626 is a specific legal-engagement action focused on insider threat planning.
Mappings show how controls relate across frameworks. They do not imply full equivalence or certification.