Privacy Operational Life Cycle: Chapter 10 Respond: Data Breach Incident Flashcards
Factors of Legal Exposure and Liability
Purported obligation to prevent unauthorized access or use of data
If the company satisfied an applicable industry standard of care
Whether there were damages or injury, and if org was cause of this
How incidents occur
Malicious actors
Human error
Systems and glitches
Incident
situation when the confidentiality, integrity, or availability of personal info may potentially be compromised
Breach
Legal term, requiring unauthorized access or acquisition of personal info
Determined by lawyers
Steps to prepare for an incident
- Training: expose gaps
- Creating incident response plan
- Know your stakeholders
- Insurance coverage
- Management of vendors
Creating an incident response plan
- how to protect privilege
- Roles and responsibilities of team members
- How to escalate possible issues and report suspicious activities
- Severity rankings
- Interactions with external parties
Roles in Incident Response Planning
InfoSec: detection, containment
Legal: limiting legal liability
Compliance/Privacy: advice and direction
HR: employee perspective
Marketing: advises on CRM
BusDev: handling and keeping customers
PR: Strategic and tactical comms
Union leadership: relationship with employees
Finance: cost of incident
CEO: demo value of preventing breaches
Customer care: offers customer insight
Response in Bus Continuity Plan
Tabletop exercise: reinforce training
Updating the plan: lessons learned
Budgeting the response, training
Incident Investigation
- Containment
- Legal privilege
- Notification with Insurer
- Credit Card companies
- Third-party forensics
- Involve key stakeholders
Reporting obligations to know
Notification requirements
Internal announcements:
- align with external
- FAQs
- Response training
- Explanatory info
External announcements
Regulator notification
Letter Drops
Call center launch
Remediation offers
Progress reporting
