Purpose of Control 5.28

Collating accurate evidence in a timely manner is a crucial aspect of incident management that informs everything from disciplinary action to legal proceedings and regulatory investigations.

Control 5.28 allows organisations to fulfil their internal and external obligations, by managing evidence throughout the reporting and resolution of information security incidents in a robust and consistent way.

Attributes Table

5.28 is a corrective control that maintains risk by creating procedures which identify, collect, store and preserve evidential material, relating to information security events.

Control Type Information Security Properties Cybersecurity Concepts Operational Capabilities Security Domains
#Corrective #Confidentiality #Detect #Information Security Event Management #Defence
#Integrity #Respond
#Availability

Ownership of Control 5.28

Control 5.28 deals with the explicit legal and disciplinary consequences of collecting evidence relating to an information security incident.

Whilst ISO 27002 largely deals with internal technical matters pertaining to information security, there are circumstances where procedural adherence is a legal matter, such is the case in Control 5.28.

Organisations should consider delegating ownership of Control 5.28 to an appropriate member of senior management with overall responsibility for HR and/or legal matters.




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General Guidance on Control 5.28

Control 5.28 explicitly states that evidence collection procedures should be formulated with the express purpose of fulfilling the organisation’s disciplinary and/or legal obligations.

Furthermore, evidence collection should be preoccupied with fulfilling obligations across different regulatory environments and legal jurisdictions, to ensure that incidents are able to be analysed by multiple distinct external bodies to the same degree, across several variables, including:

  • Storage media
  • Assets and devices
  • Device status (login attempts, power status etc.)

Organisations need to be able to demonstrate that:

  1. Their incident records are complete, and haven’t been interfered or tampered with.
  2. Electronic evidence is a perfect replica of physical evidence, where applicable.
  3. Internal systems and ICT platforms involved in collecting evidence had the operational capacity to do so, when the evidence was recorded.
  4. The individuals involved in collecting evidence are suitably qualified and certified to carry out their respective roles.
  5. They have the legal entitlement to collect digital evidence, where required.

Supplementary Guidance

Control 5.28 warns organisations about making any assumption as to the relevancy of any evidence collected towards future legal proceedings.

Organisations are encouraged to address any doubts by seeking legal advice and/or involving law enforcement authorities at the earliest opportunity, in order to avoid accidental or wilful destruction of incident-related evidence.




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Changes and Differences From ISO 27002:2013

27002:2022-5.28 replaces 27002:2013-16.1.7 (Collection of evidence).

27002:2022-5.28 adheres to the same operational principles as 27002:2013-16.1.7, with four notable additions:

  • the need to ensure that evidence is free from tampering
  • ICT systems were operating correctly during the collection process
  • the organisation has the legal right to collect certain pieces of digital evidence
  • any electronic evidence collected is identical (to the extent that this possible) to the physical original

New ISO 27002 Controls

New Controls


Organisational Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
5.105.1.1, 05.1.2Policies for information security
5.206.1.1Information security roles and responsibilities
5.306.1.2Segregation of duties
5.407.2.1Management responsibilities
5.506.1.3Contact with authorities
5.606.1.4Contact with special interest groups
5.7NewThreat intelligence
5.806.1.5, 14.1.1Information security in project management
5.908.1.1, 08.1.2Inventory of information and other associated assets
5.1008.1.3, 08.2.3Acceptable use of information and other associated assets
5.1108.1.4Return of assets
5.12 08.2.1Classification of information
5.1308.2.2Labelling of information
5.1413.2.1, 13.2.2, 13.2.3Information transfer
5.1509.1.1, 09.1.2Access control
5.1609.2.1Identity management
5.17 09.2.4, 09.3.1, 09.4.3Authentication information
5.1809.2.2, 09.2.5, 09.2.6Access rights
5.1915.1.1Information security in supplier relationships
5.2015.1.2Addressing information security within supplier agreements
5.2115.1.3Managing information security in the ICT supply chain
5.2215.2.1, 15.2.2Monitoring, review and change management of supplier services
5.23NewInformation security for use of cloud services
5.2416.1.1Information security incident management planning and preparation
5.2516.1.4Assessment and decision on information security events
5.2616.1.5Response to information security incidents
5.2716.1.6Learning from information security incidents
5.2816.1.7Collection of evidence
5.2917.1.1, 17.1.2, 17.1.3Information security during disruption
5.30NewICT readiness for business continuity
5.3118.1.1, 18.1.5Legal, statutory, regulatory and contractual requirements
5.3218.1.2Intellectual property rights
5.3318.1.3Protection of records
5.3418.1.4Privacy and protection of PII
5.3518.2.1Independent review of information security
5.3618.2.2, 18.2.3Compliance with policies, rules and standards for information security
5.3712.1.1Documented operating procedures


People Controls


Physical Controls


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