FISMA
U.S. federal law for risk-based cybersecurity management
POPIA
South Africa's regulation for personal information protection
Quick Verdict
FISMA mandates risk-based cybersecurity for US federal agencies and contractors via NIST RMF, while POPIA enforces privacy protections for personal data processing in South Africa. Organizations adopt FISMA for federal contracts; POPIA for legal compliance and trust.
FISMA
Federal Information Security Modernization Act of 2014
Key Features
- Mandates NIST RMF 7-step risk management lifecycle
- Requires continuous monitoring and diagnostics program
- Applies to federal agencies and contractors
- Enforces annual IG independent evaluations
- Demands real-time major incident reporting
POPIA
Protection of Personal Information Act, 2013
Key Features
- Eight conditions for lawful processing
- Protects juristic persons' personal information
- Mandatory Information Officer appointment
- Continuous security risk management cycle
- Data subject rights with objection mechanisms
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
FISMA Details
What It Is
Federal Information Security Modernization Act (FISMA) of 2014 is a U.S. federal law establishing a risk-based framework for protecting federal information and systems. It modernizes the 2002 act, mandating agency-wide security programs via NIST Risk Management Framework (RMF)—a 7-step process: Prepare, Categorize, Select, Implement, Assess, Authorize, Monitor.
Key Components
- Integrates NIST SP 800-53 controls (20 families), FIPS 199 categorization (Low/Moderate/High impact).
- Emphasizes continuous monitoring, SSPs, POA&Ms, ATOs.
- Oversight by OMB, DHS/CISA, IGs with annual metrics and maturity models (Levels 1-5).
- Compliance via independent IG evaluations, no formal certification but contractual enforcement.
Why Organizations Use It
Federal agencies and contractors must comply legally; non-compliance risks funding loss, debarment. Provides risk reduction, resilience, market access (e.g., FedRAMP). Builds trust, aligns cybersecurity with missions, enables strategic decisions.
Implementation Overview
Phased RMF approach: governance/inventory, categorize/select controls, implement/assess/authorize, continuous monitor. Applies to agencies, contractors handling federal data; high complexity for large/federated orgs. Requires audits, reporting; 12-24 months typical.
POPIA Details
What It Is
POPIA (Protection of Personal Information Act, 2013, Act 4 of 2013) is South Africa's comprehensive privacy regulation. It establishes minimum enforceable requirements for processing personal information of living natural persons and juristic persons. Its risk-based approach focuses on eight conditions for lawful processing, accountability, and data subject rights.
Key Components
- **Eight conditionsAccountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, data subject participation.
- **Core principlesLawful basis (e.g., consent, contract), data minimization, transparency, security (Sections 19-22).
- **GovernanceMandatory Information Officer; operator contracts.
- **Compliance modelSelf-assessed with Regulator enforcement, fines up to ZAR 10 million.
Why Organizations Use It
- Legal mandate for South African entities and those processing SA data.
- Mitigates fines, criminal penalties, civil claims.
- Enhances trust, data hygiene, operational efficiency.
- Competitive edge in B2B via juristic person protections.
Implementation Overview
- Phased: Gap analysis, data mapping, policies, controls, training, audits.
- Applies universally (no thresholds), all sectors.
- No certification; Regulator oversight via complaints, investigations.
Key Differences
| Aspect | FISMA | POPIA |
|---|---|---|
| Scope | Federal info systems security | Personal information processing |
| Industry | US federal agencies/contractors | All SA organizations |
| Nature | Mandatory US federal law | Mandatory SA privacy statute |
| Testing | Continuous monitoring, IG audits | Security safeguards verification |
| Penalties | Contract loss, debarment | ZAR 10M fines, imprisonment |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FISMA and POPIA
FISMA FAQ
POPIA FAQ
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