Data Security Breaches Occur Every Day
It’s become quite common to see reports in the headlines about data security breaches as different types of organizations are targeted every day. The types of information or data that is stolen as a result of a breach are things like social security numbers, credit card numbers, Protected Health Information (PHI), and Personally Identifiable Information (PII), trade secrets, or intellectual property. The most important thing to consider when it comes to protecting against data breaches is it’s not a matter of if, but when, so be sure to prepare for a breach with both prevention and recovery in mind. It’s also important to be aware of what state and/or federal data breach notice laws may apply to you in the event of a security incident at your organization.
There seems to be a lack of distinction between a security incident and a data breach; not every security incident constitutes a security breach. A breach has occurred when sensitive, protected, or confidential information has been accessed or stolen by someone without the proper authorization to do so. Maybe it’s a lost laptop, a malicious hacker, or accidentally sending sensitive information to the wrong person, it’s important to carefully evaluate every security incident to ensure you are following all applicable data breach laws in the event of an actual breach.
KirkpatrickPrice uses the Six Steps of Incident Response to help organizations determine the severity of a security incident and how to efficiently and effectively remediate. When developing your own incident response plan, take a look at these six common stages of incident response:
Always document policies and procedures for appropriate disaster recovery to ensure that recovery and remediation will happen quickly. Are you prepared to handle an incident that could happen today?
2. Detection and Identification
What kind of incident has occurred? What is the severity? Has there been loss or exposure of sensitive data? Were any laws or contracts violated? How much information was impacted by the incident?
Notify the right people at the right time to help reduce the damage of a security incident and isolate the infected or compromised area.
Resolve any issues, malicious code, responsible personnel, threat, etc. What security gaps need to be addressed at this time?
Implement all appropriate policies and procedures to get back up and running and continue to monitor that the incident has been fully resolved.
6. Lessons Learned
Make sure you know why the incident occurred so you can ensure that the same incident will not happen again.
A topic in the news is Data Security Breach. We see a lot of reports about organizations notifying the public that they’ve suffered some kind of a breach of information security. So an example of Data Security Breach could be that social security information has been compromised, or maybe credit card information is no longer protected. There are many laws covering Data Security Breaches. Those laws can be state laws, federal laws, or they might be the laws of other countries. These laws are not uniform and therefore it can be quite confusing for an organization to figure out exactly which law applies when the organization thinks it may have a security breach.
Not every security incident constitutes a Data Security Breach. You may have a lost laptop computer, maybe an employee loses a smart phone, maybe an employee accidentally sends sensitive information to the wrong people. Not every one of these kinds of incidents turns out to be a Data Security Breach under the relevant laws for which you need to give notice. Therefore, when an organization sees that it has an incident, it needs to conduct an appropriate investigation and follow the rules of law in order to determine, “have I achieved the point of having a breach? If I have, then I need to give the appropriate notices under the laws that apply.”
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Attorney Benjamin Wright helps others navigate the law of technology.
He teaches the Law of Data Security and Investigations for SANS Institute, the premier authority for training information security professionals and digital forensics experts. That 5-day bootcamp is unique in the world.
Wright is author of The Law of Electronic Commerce (Wolters Kluwer) and Business Law and Computer Security (published by SANS).
Mr. Wright advises clients -- in the US and throughout the world -- on privacy, cryptocurreny, e-discovery, data breaches, ethical hacking, smart contracts, IT outsourcing contracts, and forensic investigations (e.g., social media and mobile apps).