Is Legally Non-Compliant Behavior a Security Vulnerability?

IRORIIRORI
2 min read

1. Introduction

In the evolving landscape of information security, compliance and technical controls are no longer separable. Regulatory breaches can result in the unauthorized processing of personal data — a fact that carries security implications, not merely legal ones.

This article explores why legally non-compliant behavior (e.g. pre-consent tracking) may constitute a legitimate security vulnerability, and how frameworks like ISO/IEC 27001, GDPR, and ePrivacy support this view.

2. Defining “Security” in 2025

  • ISO/IEC 27000 series define information security as: > “The preservation of confidentiality, integrity and availability of information.”

  • But Annex A of ISO/IEC 27001:2022 expands this with controls on:

    • A.8.9 — Personal data privacy

    • A.8.11 — Data masking and consent handling

→ Hence, violations of data protection laws fall within the scope of organizational security failures.

Example scenario:

  • A webpage loads trackers (e.g. Google Analytics, WebSockets) before displaying or acting on cookie consent.

  • Data is sent to 3rd parties.

  • No explicit user action occurred.

From a legal viewpoint:

  • ePrivacy Directive Art. 5(3) prohibits access to terminal equipment before consent.

  • GDPR Art. 6(1) requires lawful basis for processing personal data.

From a security viewpoint:

  • Unauthorised data flows = confidentiality breach.

  • Deliberate circumvention of consent banners = technical control failure.

4. Firefox Blocks It. Chrome Allows It.

When Firefox’s Enhanced Tracking Protection actively blocks connections, it signals:

  • The behavior is not just “non-compliant” — it's considered privacy-invasive by design.

  • The line between “non-security bug” and “security-relevant flaw” starts to blur.

5. Regulatory Action as a Precedent

  • CNIL (2022) fined Google €60M for loading trackers before consent.

  • ICO (UK) emphasized that analytics without consent is “likely unlawful.”

  • Such findings imply the technical implementation itself constitutes a breach.

6. Reframing Security Impact

Security is no longer only about XSS or RCE.

It is about control — who has it, who lacks it, and whether that lack is intended or negligent.

7. Conclusion

There’s a growing case to treat non-consensual data flows as security vulnerabilities, not just legal infractions. The boundary between compliance engineer and security researcher is fading.

8. References

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