Privacy category

Privacy: eight groups of promises to people.

Privacy is the largest optional category. Its criteria are arranged in eight groups, P1 to P8, holding eighteen criteria between them. Together they follow personal information from the notice a person reads to the complaint they might raise, and test whether you kept the promises you made to them.

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01 · When to choose it

When a company takes on Privacy

When your promises run to individuals, not just to business customers.

  1. You deal with people directlyYou collect personal information from the individuals themselves, through sign-up, an app or a form.
  2. Your privacy notice is a selling pointBuyers want independent comfort that what the notice says is what happens.
  3. Customers pass you their users' dataAnd they want assurance about access, correction and disclosure, not only security.
  4. Requests from individuals are routineAccess and correction requests are part of how your service runs.

Some criteria may not apply to a given service. The criteria document itself gives the example of a service organization that never collects personal information from individuals directly, for which the collection criterion P3.1 would not apply.

02 · P1 to P8

The eight groups at a glance

Each group follows one stage of personal information's life with you.

  1. P1
    Notice and communicationP1.1. Tell people what you do with their data, and tell them again when it changes.
  2. P2
    Choice and consentP2.1. Explain their choices and what each one means; get explicit consent where it is required.
  3. P3
    CollectionP3.1–P3.2. Collect only what your stated purposes need; get explicit consent first where that applies.
  4. P4
    Use, retention and disposalP4.1–P4.3. Use data only for the stated purposes, keep it only as long as stated, and dispose of it securely.
  5. P5
    AccessP5.1–P5.2. Let verified people see and copy their data, correct it, and hear the reason if you refuse.
  6. P6
    Disclosure and notificationP6.1–P6.7. Share only with consent, log disclosures and breaches, bind vendors, notify those affected, account for disclosures on request.
  7. P7
    QualityP7.1. Keep personal information accurate, current, complete and relevant.
  8. P8
    Monitoring and enforcementP8.1. Handle questions, complaints and disputes, monitor compliance and fix what you find.

03 · Controls & evidence

Example controls and the evidence behind them

One illustrative pairing per group. Your own will depend on your service.

GroupIllustrative controlEvidence an auditor may ask for
P1Privacy notice reviewed on each product change that alters data useNotice version history and change tickets
P2Consent captured and stored with a timestamp and the notice version shownConsent records for sampled users
P3New data fields need a privacy review before releaseReview records linked to changes
P4Retention jobs per data type; secure deletion at expiryRetention schedule, job output, deletion logs
P5Request portal with identity checks and a response deadlineRequest log with dates and outcomes
P6Subprocessor contracts with privacy and breach-notice termsSigned terms, disclosure log, breach register
P7Users can update their own details; stale records are reviewedProfile change logs, review records
P8Complaints logged, resolved and reviewed for patternsComplaint log and periodic review notes

P6 is the heaviest group, with seven criteria. Vendor commitments (P6.4, P6.5) overlap with vendor risk under CC9.2, so one vendor review process can serve both if it covers privacy terms.

04 · Privacy laws

Privacy criteria and privacy laws

Related, useful together, and not the same thing.

The criteria document is explicit that the Trust Services Criteria are generally not used to report on compliance with laws or regulations. A SOC 2 Privacy opinion says your controls met your stated privacy objectives. It does not say you comply with any law.

SOC 2 Privacy

  • Measures controls against your own commitments
  • Opinion from a licensed CPA firm
  • Useful evidence for buyers and regulators to weigh

GDPR, DPDP Act, HIPAA

  • Set legal duties that apply whatever you promise
  • Enforced by regulators, not auditors
  • Contain duties (for example lawful bases, specific rights, deadlines) a SOC 2 does not test as such

Many controls overlap: notice, consent, access requests, breach notification. Map them once; just don't call the report proof of compliance.

05 · Mistakes

Where Privacy goes wrong

The notice promises more than the system does.

  • A notice written by one team, a product built by another. The notice describes uses or limits the product never implemented.
  • Consent with no record. A checkbox that stores nothing can't be sampled.
  • Requests handled in someone's inbox. No log means no population, and no proof of response times.
  • Vendors with no privacy terms. P6.4 and P6.5 need commitments in writing, then a check that vendors keep them.
  • Choosing Privacy for prestige. Eighteen extra criteria, every year. Choose it when your promises call for it.

Sources: AICPA, TSP section 100, 2017 Trust Services Criteria (revised points of focus), privacy category definition, criteria P1.1 to P8.1 and paragraph .12 on compliance reporting. Examples are illustrative; nothing here is legal advice.

Questions about the Privacy criteria

How many Privacy criteria are there?

Eighteen, in eight groups.

P1, P2, P7 and P8 have one criterion each; P3 has two; P4 has three; P5 has two; P6 has seven. All sit on top of the common criteria.

Will a SOC 2 with Privacy satisfy a GDPR or DPDP review?

It helps; it does not settle it.

It gives independent evidence about controls a reviewer cares about. The law's own duties still need their own assessment, and a SOC 2 report is not a legal opinion.

We are a processor. Does Privacy fit us?

Possibly, with some criteria not applicable.

Where you never collect from individuals directly, criteria such as P3.1 may not apply, and the description explains why. The rest can still apply to what you do with the data you receive.

Is HIPAA covered by the Privacy category?

No. They overlap but are separate.

HIPAA sets legal duties for covered entities and business associates. Privacy criteria test your controls against your own commitments. Health companies often map one to the other; neither replaces the other.

Make the notice and the system say the same thing.

We compare your privacy notice with what the product does, then design controls the P1 to P8 criteria can test.