THE RBI GUIDELINES. A Brief Summary of the RBI Guidelines on Information security, Electronic Banking, Technology risk management and cyber frauds

Transcription

1 THE RBI GUIDELINES A Brief Summary of the RBI Guidelines on Information security, Electronic Banking, Technology risk management and cyber frauds Contact us to know more about how our consultants can help your organization address these guidelines: Network Intelligence India Pvt. Ltd. info@niiconsulting.com Web:

2 TABLE OF CONTENTS THE RBI GUIDELINES 2012 Contents INTENDED AUDIENCE... 3 EXECUTIVE SUMMARY... 3 INTRODUCTION... 4 CHAPTER 1: IT GOVERNANCE... 6 Introduction... 6 Roles and Responsibilities and Organizational Framework... 6 Focus Areas for IT Governance:... 6 Policies and Procedures... 6 CHAPTER 2 INFORMATION SECURITY... 7 Introduction... 7 Roles & Responsibilities and organization framework:... 8 Critical components of information security... 8 CHAPTER 3: IT OPERATIONS Introduction Roles & Responsibilities and Organization Framework: Components of IT operations framework CHAPTER 4 IT SERVICES OUTSOURCING Introduction Roles & Responsibilities and Organization Structure: Various components/aspects relating to outsourcing CHAPTER 5: IS AUDIT Roles & Responsibilities and Organization Framework: Critical Components and Processes CHAPTER 6 CYBER FRAUD Introduction Roles/Responsibilities and Organizational structure Network Intelligence India Pvt. Ltd. 1

3 Components of fraud risk management: CHAPTER 7: BUSINESS CONTINUITY PLANNING Introduction Roles, Responsibilities and Organizational structure Critical Components of Business Continuity Management Framework CHAPTER 8- CUSTOMER EDUCATION Introduction Roles and Responsibility: Organization Structure: Key Recommendations: CHAPTER 9: LEGAL ISSUES Introduction Roles and Responsibilities and Organizational Structure Key Recommendations: REFERENCES: Network Intelligence India Pvt. Ltd. 2

4 INTENDED AUDIENCE The RBI guideline is useful for all banks and financial institutions incorporating IT operations and support to meet their business objectives. The guidelines are important to be complied and followed sincerely so as to maintain the trust level of the customer by assuring the security of their information residing with these financial institutions. The guidelines can also be used by advisory & auditing firms for consulting and audit purpose. EXECUTIVE SUMMARY In today s Indian scenario, banking sectors are rapidly utilizing IT services for their operations. Automation of various processes no doubt has given lots of advantages to these banking and financial institutions, but has given rise to many risks as well. Technology risks not only have a direct impact on a bank as operational risks but can also exacerbate other risks like credit risks and market risks. Given the increasing reliance of customers on electronic delivery channels to conduct transactions, any security related issues have the potential to undermine public confidence in the use of e-banking channels and lead to reputation risks to the banks. Inadequate technology implementation can also induce strategic risk in terms of strategic decision making based on inaccurate data/information. Compliance risk is also an outcome in the event of non-adherence to any regulatory or legal requirements arising out of the use of IT. These issues ultimately have the potential to impact the safety and soundness of a bank and in extreme cases may lead to systemic crisis. Keeping in view the changing threat milieu and the latest international standards, it was felt that there was a need to enhance RBI guidelines relating to the governance of IT, information security measures to tackle cyber fraud apart from enhancing independent assurance about the effectiveness of IT controls. To consider these and related issues, RBI announced the creation of a Working Group on Information Security, Electronic Banking, Technology Risk Management and Tackling Cyber Fraud in April, The Group was set up under the Chairmanship of the Executive Director Shri.G.Gopalakrishna. Network Intelligence India Pvt. Ltd. 3

5 INTRODUCTION Looking at the IT challenges and information security concerns today, RBI introduced guidelines to enhance the governance of IT and institute robust information security measures in the Indian banking sector. Following were the major reasons for introducing the guidelines for the bank: Information technology (IT) risk assessment and management was required to be made a part of the risk management framework of a bank Internal audits/information system audits needed to independently provide assurance that IT-related processes and controls were working as intended. Given the instances of cyber fraud in banks recently, it was necessary to improve controls and examine the need for pro-active fraud risk assessments and management processes in commercial banks. With the increase in transactions in electronic mode, it was also critical to examine the legal implications for banks arising out of cyber laws and steps that were required to be taken to suitably mitigate the legal risks. Taking into account the above mentioned issues, creation of a Working Group on Information Security, Electronic Banking, Technology Risk Management and Tackling Cyber Fraud took place. This working group was formed with the following vision to: undertake a comprehensive assessment of extant IT and e-banking related guidelines vis-à-vis international guidelines/best practices and suggest suitable recommendations suggest recommendations with respect to information security in order to comprehensively provide for a broad framework to mitigate present internal and external threats to banks Provide recommendations for effective and comprehensive Information Systems Audit related processes to provide assurance on the level of IT risks in banks Suggest scope for enhancement of measures against cyber fraud through preventive and detective mechanisms as part of the fraud risk management framework in banks Identify measures to improve business continuity and disaster recovery related processes in banks Assess the impact of legal risks arising out of cyber laws, the need for any specific legislation relating to data protection and privacy and whether there is an Indian equivalent of the Electronic Fund Transfer Act in the US Consider scope to enhance customer education measures relating to cyber fraud The working group decided to address IT issues across multiple dimensions arising out of the use of IT and provide recommendations in these areas. These dimensions and provided recommendations were elaborated in the following 9 chapters of the guideline Network Intelligence India Pvt. Ltd. 4

6 Chapter 1 - Information Technology Governance Chapter 6- Cyber frauds Chapter 2 Information Security Chapter 7- Business Continuity Planning Chapter 3 IT operations Chapter 8 - Customer education Chapter 4 IT services outsourcing Chapter 9- Legal issues Chapter 5 IS Audit The report further is divided into different chapters and each chapter contains introduction, associated roles and responsibilities and the desired control recommendations from the RBI for banks to implement mandatorily. The recommendations are not one-size-fits-all and the implementation of these recommendations need to be based on the nature and scope of activities engaged by banks and the technology environment prevalent in the bank and the support rendered by technology to the business processes. Network Intelligence India Pvt. Ltd. 5

7 CHAPTER 1: IT GOVERNANCE Introduction IT Governance is an integral part of the corporate governance involves leadership support, organizational structure and processes to ensure that a bank s IT sustains and extends business strategies and objectives. Effective IT Governance is the responsibility of the Board of Directors and Executive Management. Roles and Responsibilities and Organizational Framework SNo. Roles & Responsibilities Responsibility Description (i) Board of Directors/ IT Strategy Committee Approving IT strategy and policy documents, Ensuring that the IT organizational structure complements the business model and its direction etc. (ii) Risk Management Committee Promoting an enterprise risk management competence throughout the bank, including facilitating development of IT-related enterprise risk management expertise (iii) Executive Management Level Among executives, the responsibility of Senior executive in charge of IT operations/chief Information officer (CIO) is to ensure implementation from policy to operational level involving IT strategy, value delivery, risk management, IT resource and performance management. (iv) IT Steering Committee Its role is to assist the Executive Management in implementing IT strategy that has been approved by the Board. An IT Steering Committee needs to be created with representatives from the IT, HR, legal and business sectors. Focus Areas for IT Governance: Areas of IT Governance that need to be considered include strategic alignment, value delivery, risk management, resource management and performance management. Policies and Procedures (a) The bank needs to have IT-related strategy and policies (b) IT strategy and policy needs to be approved by the Board (c) Detailed operational procedures may be formulated in relevant areas including for data center operations (d) A bank needs to follow a structured approach for the long-range planning process considering factors such as organizational model and changes to it, geographical distribution, technological evolution, costs, legal and regulatory requirements, requirements of third-parties or market, planning horizon, business process re-engineering, staffing, in- or outsourcing, etc. (e) There needs to be an annual review of IT strategy and policies taking into account the changes to the organization s business plans and IT environment Network Intelligence India Pvt. Ltd. 6

8 (h) Banks need to establish and maintain an enterprise architecture framework or enterprise information model to enable applications development and decision-supporting activities, consistent with IT strategy. (i) There is also a need to maintain an enterprise data dictionary that incorporates the organization s data syntax rules. (j) Banks need to establish a classification scheme that applies throughout the enterprise, based on the criticality and sensitivity (e.g. public, confidential, or top secret) of enterprise data. (k) There is a need for a CIO in bank. He has to be the key business player and a part of the executive decision-making function. His key role would be to be the owner of IT functions: enabling business and technology alignment. (l) Bank-wide risk management policy or operational risk management policy needs to be incorporate IT-related risks also. The Risk Management Committee periodically reviews and updates the same (at least annually). CHAPTER 2 INFORMATION SECURITY Introduction This section addresses security of Confidentiality, Integrity and availability of the information. It not only deals with information in various channels like spoken, written, printed, electronic or any other medium but also information handling in terms of creation, viewing, transportation, storage or destruction To achieve effective information security governance, bank management must establish and maintain a framework to guide the development and maintenance of a comprehensive information security programme. Information Security Governance deals with following: Alignment of information security with business strategy to support organizational objectives Management and mitigation of risks and reduction of potential impacts on information resources to an acceptable level Management of performance of information security by measuring, monitoring and reporting information security governance metrics to ensure that organizational objectives are achieved Optimization of information security investments in support of organizational objectives Network Intelligence India Pvt. Ltd. 7

9 Roles & Responsibilities and organization framework: SNo. Roles & Responsibilities Responsibility Description (i) Boards of Directors/Senior The Board of Directors is ultimately responsible for information security. Management Senior Management is responsible for understanding risks to the bank to ensure (ii) Information Security Team/Function (iii) Information Security Committee (iv) Chief Information Security Officer (CISO) that they are adequately addressed from a governance perspective. Banks should form a separate information security function/group to focus exclusively on information security management. Includes business heads from different units and are responsible for enforcing companywide policies & procedures. A sufficiently senior level official of the rank of GM/DGM/AGM needs to be designated as the Chief Information Security Officer (CISO) responsible for articulating and enforcing the policies that a bank uses to protect its information assets. The CISO needs to report directly to the Head of the Risk Management function and should not have a direct reporting relationship with the CIO. Critical components of information security SNo. Components Description 1 Policies and procedures: A Board approved Information security policy needs to be in place and reviewed at least annually. 2 Risk Assessment The risk assessment must, for each asset within its scope, identify the threat/ vulnerability combinations that have a likelihood of impacting the confidentiality availability or integrity of that asset - from a business, compliance and/or contractual perspective. 3 Inventory and information/data classification Maintaining detailed inventory of information assets and classification of information/data are among the key components of information security management. 4 Defining roles and responsibilities Management can communicate general and specific security roles and responsibilities for all employees based on their job descriptions. Management should expect all employees, officers, and contractors to comply with information security and/or acceptable-use policies and protect the institution s assets, including information. 5 Access Control Banks need to grant authorization for access to information assets only where a valid business need exists and only for a definite time period for which the access is required 6 Information security and information asset life-cycle Information security needs to be considered at all stages of an information asset s (like hardware, software) life-cycle which typically includes: planning and design; acquisition and implementation; maintenance and support; and disposal so as to minimize exposure to vulnerabilities. 7 Personnel security Banks should have a process in place to verify job application information on all new employees. The sensitivity of a particular job or access level may warrant additional background and credit checks. 8 Physical security Banks should implement suitable physical and environment controls taking into consideration threats, and based on the entity s unique geographical location, Network Intelligence India Pvt. Ltd. 8

10 building configuration, neighboring entities, etc. 9 User Training and Awareness There is a vital need for initial, and ongoing, training/awareness programs on information security for employees and vendor personnel. 10 Incident management A robust incident management process needs to be in place to maintain the capability to manage incidents within an enterprise, to enable containment of exposures and to achieve recovery within a specified time period. 11 Application Control and Security There should be documented standards/procedures for administering an application system, which are approved by the application owner and kept up-to-date. Access to the application should be based on the principle of least privilege and need to know commensurate with the job responsibilities 12 Migration controls There needs to be a documented Migration Policy indicating the requirement of road-map / migration plan / methodology for data migration (which includes verification of completeness, consistency and integrity of the migration activity and pre and post migration activities along with responsibilities and timelines for completion of same). 13 Implementation of new Banks need to carry out due diligence with regard to new technologies/systems technologies since they can potentially introduce additional risk exposures 14 Encryption Banks should only select encryption algorithms which are well established international standards and which have been subjected to rigorous scrutiny by an international community of cryptographers or approved by authoritative professional bodies, reputable security vendors or government agencies. 15 Data security Data security measures need to be in place. Banks need to define and implement procedures to ensure the integrity and consistency of all critical data stored in electronic form, such as databases, data warehouses and data archives. 16 Vulnerability Assessment Banks need to scan frequently for vulnerabilities and address discovered flaws proactively to avoid the likelihood of having their computer systems compromised. 17 Establishing on-going security monitoring processes 18 Security measures against Malware Banks need to have monitoring processes in place to identify suspicious events and unusual behavioral patterns that could impact the security of IT assets. Robust process needs to be in place for effective malware control. The controls are of the preventive and detective/corrective in nature. 19 Patch Management A Patch Management process needs to be in place to address technical system and software vulnerabilities quickly and effectively in order to reduce the likelihood of a serious business impact arising. 20 Change Management The change management process should be documented, and include approving and testing changes to ensure that they do not compromise security controls, performing changes and signing them off to ensure they are made correctly and securely, reviewing completed changes to ensure that no unauthorized changes have been made. 21 Audit Trails Banks needs to ensure that audit trails exist for IT assets satisfying the banks business requirements including regulatory and legal requirements, facilitating audit, serving as forensic evidence when required and assisting in dispute resolution. 22 Information Security reporting and metrics To measure the performance and continuous improvement for effective implementation of information security practices matrices are used. Network Intelligence India Pvt. Ltd. 9

11 23 Information security and The relationship between the enterprise and a third-party provider should be Critical service documented in the form of an executed contract. The various details and providers/vendors requirements on the matter are covered under chapter on IT outsourcing. 24 Network Security Various network security measures should be incorporated 25 Remote Access Strong controls need to be initiated against any remote access facility 26 Distributed Denial of service attacks (DDoS/DoS) 27 Implementation of ISO Information Security Management System As part of the defense strategy, banks should install and configure network security devices for reasonable preventive/detective capability. Commercial banks should implement ISO based Information Security Management System (ISMS) best practices for their critical functions. 28 Wireless Security Enterprise security solutions for wireless should be incorporated. 29 Business Continuity Considerations Risk assessments should consider the changing risks that appear in business continuity scenarios and different security postures that may need to be established. 30 Information security assurance Information security assurance needs to be obtained through periodic penetration testing exercises, audits and vulnerability assessments. 31 General information regarding delivery channels Provision of various electronic banking channels like ATM/debit cards/internet banking/phone banking should be issued only at the option of the customers based on specific written or authenticated electronic requisition along with a positive acknowledgement of the terms and conditions from the customer. Network Intelligence India Pvt. Ltd. 10

12 CHAPTER 3: IT OPERATIONS Introduction For banks in which information technology (IT) systems are used to manage information, IT Operations should support processing and storage of information, such that the required information is available in a timely, reliable, secure and resilient manner. Functions covered as a part of IT Operations should be IT Service Management, Infrastructure Management, Application Lifecycle Management, and IT Operations Risk Framework Roles & Responsibilities and Organization Framework: SNo. Roles & Responsibilities Responsibility Description (i) Service Desk Responsible for providing IT related services (ii) IT Operations Management IT operations include business services which are available to the internal or external customers of the organization using IT as a service delivery component for eg. Mobile Banking and Internet Banking (iii) Application Management It involves handling and management of application as it goes through the entire life-cycle. (iv) Infrastructure Management Management of the entire infrastructure Components of IT operations framework SNo. Component Description A Risk Management As part of risk identification and assessment, banks should identify events or activities that could disrupt operations or negatively affect reputation or earnings and assess compliance to regulatory requirements. B IT Operations Processes (i) IT Strategy A well-defined IT strategy framework will assist IT operations in supporting IT services as required by the business and defined in SLAs. (ii) Design The components which should be considered when designing a new IT service or making a change to the existing IT service include business processes, service level agreements, IT infrastructure, IT environment etc. (iii) Transition The transition phase provides frameworks and processes that may be utilized by banks to: Evaluate service capabilities and risk profile of new or changes service before it is released into production environment Evaluate and maintain integrity of all identified service assets and configuration items required to support the service (iv) Operation The various aspects that banks need to consider include event management, incident management, problem management and access management. Network Intelligence India Pvt. Ltd. 11

13 CHAPTER 4 IT SERVICES OUTSOURCING Introduction Outsourcing may be defined as a bank's use of a third party to perform activities on a continuing basis. The benefits of outsourcing include efficiencies in operations, increased ability to acquire and support current technology and tide over the risk of obsolescence, increased time availability for management to focus on key management functions, shorter lead time in delivering services to customers, better quality of services, and stronger controls among others. NOTE: RBI guidelines on outsourcing indicate activities which cannot be outsourced and need to be carried out by the bank. These include Internal Audit, Compliance function, and decision making functions like KYC compliance, loans sanctioning, and managing investment portfolio. Roles & Responsibilities and Organization Structure: The Board and senior management are ultimately responsible for outsourced operations and for managing risks inherent in such outsourcing relationships. Responsibilities for due diligence, oversight and management of outsourcing and accountability for all outsourcing decisions continue to rest with the bank, Board and senior management. Various components/aspects relating to outsourcing SNo. Component Description 1 Material Outsourcing Banks need to assess the degree of materiality inherent in the outsourced functions. Outsourcing of non-financial processes, such as technology operations, is material and if disrupted, has the potential to significantly impact business operations, reputation and stability of a Bank. 2 Risk Management in outsourcing arrangements (i) Risk Evaluation and Measurement (ii) Service Provider Selection Risk evaluation should be performed prior to entering into an outsourcing agreement and reviewed periodically in light of known and expected changes, as part of the strategic planning or review process. Risk evaluation should be performed prior to entering into an outsourcing agreement and reviewed periodically in the light of known and expected changes, as part of the strategic planning or review processes. Management should identify functions to be outsourced along with necessary controls and solicit responses from prospective bidders via an RFP process. While negotiating/ renewing an outsourcing arrangement, appropriate diligence should be performed to assess the capability of the technology service provider to comply with obligations in the outsourcing agreement. Due diligence should involve an evaluation of all information about the service provider including qualitative, quantitative, financial, operational and reputational factors. (iii) Contracting The terms and conditions governing the contract between the bank and the service provider should be carefully defined in written agreements and vetted by the bank's legal counsel on their legal effect and enforceability. Network Intelligence India Pvt. Ltd. 12

14 (iv) Monitoring and Control of outsourced activities (V) Confidentiality and Security (vi) Outsourcing to Foreign Service providers (vii) Outsourcing within a Group (viii) Handling customer grievances and complaints Banks should establish a structure for management and control of outsourcing, based on the nature, scope, complexity and inherent risk of the outsourced activity. Banks should also periodically commission independent audit and expert assessments on the security and control environment of the service provider. The evaluation can be done based on performance matrices. Banks should be proactive to identify and specify the minimum security baselines to be adhered to by the service providers to ensure confidentiality and security of data. Outsourcing outside India should be agreed, in a manner that does not obstruct or hinder the ability of the bank or regulatory authorities to perform periodic audits/inspections and assessments, supervise or reconstruct activities of the bank based on books, records and necessary documentation, in a timely manner. Due diligence on an intra-group service provider may take the form of evaluating qualitative aspects on the ability of the service provider to address risks specific to the institution, particularly those relating to business continuity management, monitoring and control, and audit and inspection, including confirmation on the right of access to be provided to RBI to retain effective supervision over the institution, and compliance with local regulatory standards. Generally, a time limit of 30 days may be given to the customers for forwarding their complaints / grievances. The grievance redressal procedure of the bank and the time frame fixed for responding to the complaints should be placed on the bank's website. Network Intelligence India Pvt. Ltd. 13

15 CHAPTER 5: IS AUDIT The chapter includes audit charter/policy. Also it includes various stages like planning, execution, Reporting and Followup and quality review of an IS audit. Roles & Responsibilities and Organization Framework: S No. Roles & Responsibilities Responsibility description 1 Board of Directors and Senior Management To meet the responsibility to provide an independent audit function with sufficient resources to ensure adequate IT coverage, the board of directors or its audit committee should provide an internal audit function which is capable of evaluating IT controls adequately. 2 Audit Committee of the Board The Audit Committee should devote appropriate and sufficient time to IS audit findings identified during IS Audits and members of the Audit Committee would need to review critical issues highlighted and provide appropriate guidance to the bank s management. 3 Internal Audit/Information System Audit function Banks should have a separate IS Audit function within the Internal Audit department led by an IS Audit Head, assuming responsibility and accountability of the IS audit function, reporting to the Chief Audit Executive (CAE) or Head of Internal Audit. Critical Components and Processes S No. Component Description (i) IS Audit Because the IS Audit is an integral part of the Internal Auditors, auditors will also be required to be independent, competent and exercise due professional care. (ii) Outsourcing relating to IS Audit 2 Audit Charter, Audit Policy to include IS Audit Risk evaluation should be performed prior to entering into an outsourcing agreement and reviewed periodically in light of known and expected changes, as part of the strategic planning or review process. An Audit Charter / Audit Policy is a document which guides and directs the activities of the Internal Audit function. IS Audit, being an integral part of the Internal Audit function, should also be governed by the same Audit Charter / Audit Policy. The document should be approved by the Board of Directors. IS Audit policy/charter should be subjected to an annual review to ensure its continued relevance and effectiveness. 3 Planning an IS Audit Banks need to carry out IS Audit planning using the Risk Based Audit Approach. The approach involves aspects like IT risk assessment methodology, defining the IS Audit Universe, scoping and planning the audit, execution and follow up activities. 4 Executing IS Audit During audit, auditors should obtain evidences, perform test procedures, appropriately document findings, and conclude a report. 6 Reporting and Follow up This phase involves reporting audit findings to the CAE and Audit Committee. Before reporting the findings, it is imperative that IS Auditors prepare an audit summary memorandum providing overview of the entire audit processing from planning to audit findings. 7 Quality Review It is to assess audit quality by reviewing documentation, ensuring appropriate Network Intelligence India Pvt. Ltd. 14

16 supervision of IS Audit members and assessing whether IS Audit members have taken due care while performing their duties. Network Intelligence India Pvt. Ltd. 15

17 CHAPTER 6 CYBER FRAUD Introduction Fraud can be defined as A deliberate act of omission or commission by any person, carried out in the course of a banking transaction or in the books of accounts maintained manually or under computer system in banks, resulting into wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. 1. Roles/Responsibilities and Organizational structure SNo. Roles & Responsibilities Responsibility description (a) CEO, Audit Committee of the Board Indian banks follow the RBI guideline of reporting all frauds above 1 crore to their respective Audit Committee of the Board. (b) Special Committee of the Board Banks are required to constitute a special committee for monitoring and follow for monitoring large value up of cases of frauds involving amounts of 1 crore and above exclusively, frauds while the Audit Committee of the Board (ACB) may continue to monitor all the cases of frauds in general. (c) Separate Department to manage frauds The activities of fraud prevention, monitoring, investigation, reporting and awareness creation should be owned and carried out by an independent group in the bank. (d) Fraud review councils The council should comprise of head of the business, head of the fraud risk management department, the head of operations supporting that particular business function and the head of information technology supporting that business function. Components of fraud risk management: SNo Component Description (i) Fraud prevention Various fraud prevention practices need to be followed by banks. These include fraud practices vulnerability assessments(for business functions and also delivery channels), review of new products and processes, putting in place fraud loss limits, root cause analysis for actual fraud cases above Rs.10 lakhs, reviewing cases where a unique modus operandi is involved, ensuring adequate data/information security measures, following KYC and Know your employee/vendor procedures, ensuring adequate physical security, sharing of best practices of fraud prevention and creation of fraud awareness among staff and customers. (ii) Fraud detection Quick fraud detection capability would enable a bank to reduce losses and also serve as a deterrent to fraudsters. Various important requirements recommended in this regard include setting up a transaction monitoring group within the fraud risk management group, alert generation and redressal mechanisms, dedicated id and phone number for reporting suspected frauds, mystery shopping and reviews. (iii) Fraud investigation The examination of a suspected fraud or an exceptional transaction or a customer dispute/alert in a bank shall be undertaken by Fraud risk management group & special committee. Network Intelligence India Pvt. Ltd. 16

18 (iv) Reporting of frauds As per the guidelines on reporting of frauds as indicated in the RBI circular, dated July 1, 2010, fraud reports should be submitted in all cases of fraud of 1 lakh and above perpetrated through misrepresentation, breach of trust, manipulation of books of account, fraudulent encashment of instruments like cheques, drafts and bills of exchange, unauthorized handling of securities charged to the bank, misfeasance, embezzlement, misappropriation of funds, conversion of property, cheating, shortages, irregularities, etc. (v) (vi) Customer awareness on frauds Employee awareness and training Banks should thus aim at continuously educating its customers and solicit their participation in various preventive/detective measures. Employee awareness is crucial to fraud prevention. Training on fraud prevention practices should be provided by the fraud risk management group at various forums. Network Intelligence India Pvt. Ltd. 17

19 CHAPTER 7: BUSINESS CONTINUITY PLANNING Introduction BCP forms a part of an organization's overall Business Continuity Management (BCM) plan, which is the preparedness of an organization, which includes policies, standards and procedures to ensure continuity, resumption and recovery of critical business processes, at an agreed level and limit the impact of the disaster on people, processes and infrastructure (includes IT); or to minimize the operational, financial, legal, reputational and other material consequences arising from such a disaster. 1. Roles, Responsibilities and Organizational structure SNo. Roles & Responsibilities Responsibility description (a) Board of Directors and Senior Management Indian banks follow the RBI guideline of reporting all frauds above 1 crore to their respective Audit Committee of the Board BCP Head or Business A senior official needs to be designated as the Head of BCP activity or Continuity Coordinator function 1.2. BCP Committee or Crisis Present in each department to implement BCP department wise. Management Team 1.3 BCP Teams There needs to be adequate teams for various aspects of BCP at central office, as well as individual controlling offices or at a branch level, as required. Critical Components of Business Continuity Management Framework SNo Component Description 2.1 BCP Methodology Banks should consider various BCP methodologies and standards, like BS 25999, as inputs for their BCP framework. 2.3 Key Factors to be considered for BCP Design Following factors should be considered while designing the BCP: Probability of unplanned events, including natural or man-made disasters, earthquakes, fire, hurricanes or bio-chemical disaster Security threats Increasing infrastructure and application interdependencies Regulatory and compliance requirements, which are growing increasingly complex Failure of key third party arrangements Globalization and the challenges of operating in multiple countries. 3 Testing a BCP Banks must regularly test BCP to ensure that they are up to date and effective: Testing of BCP should include all aspects and constituents of a bank i.e. people, processes and resources (including technology). Banks should consider having unplanned BCP drill, Banks should involve their Internal Auditors (including IS Auditors) to audit the effectiveness of BCP etc. Various other techniques shall be used for testing the effectiveness of BCP. 4 Maintenance and Reassessment of Plans BCPs should be maintained by annual reviews and updates to ensure their continued effectiveness. Changes should follow the bank s formal change management process in Network Intelligence India Pvt. Ltd. 18

20 5 Procedural aspects of BCP 6 Infrastructural aspects of BCP 7 Human Aspect of BCP 8 Technology aspects of BCP place for its policy or procedure documents. A copy of the BCP, approved by the Board, should be forwarded for perusal to the RBI on an annual basis. Banks should also consider the need to put in place necessary backup sites for their critical payment systems which interact with the systems at the Data centers of the Reserve Bank. Banks should consider paying special attention to availability of basic amenities such as electricity, water and first-aid box in all offices. Banks must consider training more than one individual staff for specific critical jobs, They must consider cross-training employees for critical functions and documentoperating procedures. Applications and services in banking system which are highly mission critical in nature and therefore requires high availability, and fault tolerance to be considered while designing and implementing the solution. Network Intelligence India Pvt. Ltd. 19

21 CHAPTER 8- CUSTOMER EDUCATION Introduction Banks regularly run campaigns to raise consumer awareness on a variety of fraud related issues. However, to generate a standard understanding of the evolving fraud scenarios, a combined effort could proliferate the information to a larger customer base. It is also important to educate the other stakeholders, including bank employees, who can then act as resource persons for customer queries, law enforcement personnel for more understanding response to customer complaints and media for dissemination of accurate and timely information. Roles and Responsibility: The Board of Directors/Senior Management need to be committed to the process of consumer education initiatives by providing adequate resources, evaluating the effectiveness of the process and fine-tuning and improving customer education measures on an ongoing basis. Organization Structure: SNo. Roles & Responsibilities Responsibility description 2 Working group To get desired support for the programme, it is important to identify and involve key stakeholders in decision-making, planning, implementation and evaluation. Key Recommendations: Banks need to follow a systematic process to develop an awareness programme through the stages of planning and design, execution and management, and evaluation and course correction. Awareness programs should be customized for the specific audience like bank customers, employees, law enforcement personnel, fraud risk professionals, media partners, etc. Building consensus among decision makers and stakeholders for financial and administrative support is an important step in the programme. In this respect, both fixed and variable costs need to be identified. Since the target groups obtain information from a variety of sources, more than one communication channel could be used to engage them successfully. A research group should be formed to continually update the communications team with the latest trends and evolving modus operandi. Evaluation of the effects of various campaigns for specific target groups can be measured through qualitative (e.g. focus groups, interviews) and/ or quantitative (e.g. questionnaires, omnibus surveys) research. Network Intelligence India Pvt. Ltd. 20

22 At the industry level, each bank should have a documented policy, training mechanisms and research units. Material can be pooled from these units to be used on a larger platform towards a common goal. Network Intelligence India Pvt. Ltd. 21

23 CHAPTER 9: LEGAL ISSUES Introduction There are various legal laws and requirements with which the banks are supposed to comply with. It is critical that impact of cyber laws like IT ACT 2008 is taken into consideration by banks to obviate any risk arising there from. Roles and Responsibilities and Organizational Structure SNo. Roles & Responsibilities Responsibility description (i) Board The Risk Management Committee at the Board-level needs to put in place, the processes to ensure that legal risks arising from cyber laws are identified and addressed. It also needs to ensure that the concerned functions are adequately staffed and that the human resources are trained to carry out the relevant tasks in this regard (ii) Operational Risk Group This group needs to incorporate legal risks as part of operational risk framework and take steps to mitigate the risks involved in consultation with its legal functions within the bank. (iii) Legal Department The legal function within the bank needs to advise the business groups on the legal issues arising out of use of Information Technology with respect to the legal risk identified and referred to it by the Operational Risk Group. Key Recommendations: Legal risk and operational risk are same. Most risks are sought to be covered by documentation, particularly where the law is silent. Legal risks need to be incorporated as part of operational risks and the position need to be periodically communicated to the top management and Board/Risk Management Committee of the Board. As the law on data protection and privacy, in the Indian context are in an evolving stage, banks have to keep in view the specific provisions of IT Act, 2000 (as amended in 2008), various judicial and quasi-judicial pronouncements and related developments in the Cyber laws in India as part of legal risk mitigation measures. Banks are also required to keep abreast of latest developments in the IT Act, 2000 and the rules, regulations, notifications and orders issued there under pertaining to bank transactions and emerging legal standards on digital signature, electronic signature, data protection, cheque truncation, electronic fund transfer etc. as part of overall operational risk management process. Network Intelligence India Pvt. Ltd. 22

24 REFERENCES: Working Group on Information Security, Electronic Banking, Technology Risk Management and Cyber Frauds (Report and Recommendations) Network Intelligence India Pvt. Ltd. 23