Secure Your Operations
Move quickly to secure your systems and fix vulnerabilities that may have caused the breach. The only thing worse than a data breach is multiple data breaches. Take steps so it doesn’t happen again.
- Secure physical areas potentially related to the breach.
Lock them and change access codes, if needed. Ask your forensics
experts and law enforcement when it is reasonable to resume regular
operations.
Mobilize your breach response team right away to prevent additional data loss. The exact steps to take depend on the nature of the breach and the structure of your business.
Assemble a team of experts to conduct a comprehensive breach response.
Depending on the size and nature of your company, they may include
forensics, legal, information security, information technology,
operations, human resources, communications, investor relations, and
management.
- Identify a data forensics team. Consider hiring
independent forensic investigators to help you determine the source and
scope of the breach. They will capture forensic images of affected
systems, collect and analyze evidence, and outline remediation steps.
- Consult with legal counsel. Talk to your legal
counsel. Then, you may consider hiring outside legal counsel with
privacy and data security expertise. They can advise you on federal and
state laws that may be implicated by a breach.
Stop additional data loss. Take all affected
equipment offline immediately — but don’t turn any machines off until
the forensic experts arrive. Closely monitor all entry and exit points,
especially those involved in the breach. If possible, put clean machines
online in place of affected ones. In addition, update credentials and
passwords of authorized users. If a hacker stole credentials, your
system will remain vulnerable until you change those credentials, even
if you’ve removed the hacker’s tools.
Remove improperly posted information from the web.
- Your website: If the data breach involved
personal information improperly posted on your website, immediately
remove it. Be aware that internet search engines store, or “cache,”
information for a period of time. You can contact the search engines to
ensure that they don’t archive personal information posted in error.
- Other websites: Search for your company’s exposed
data to make sure that no other websites have saved a copy. If you find
any, contact those sites and ask them to remove it.
Interview people who discovered the breach.
Also, talk with anyone else who may know about it. If you have a
customer service center, make sure the staff knows where to forward
information that may aid your investigation of the breach. Document your
investigation.
Do not destroy evidence. Don’t destroy any forensic evidence in the course of your investigation and remediation.
| Notify individuals. If you quickly notify people that their personal information has been compromised, they can take steps to reduce the chance that their information will be misused. In deciding who to notify, and how, consider: state lawsthe nature of the compromisethe type of information takenthe likelihood of misusethe potential damage if the information is misused For example, thieves who have stolen names and Social Security numbers can use that information not only to sign up for new accounts in the victim’s name, but also to commit tax identity theft. People who are notified early can take steps to limit the damage. When notifying individuals, the FTC recommends you: Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how ...read more |
| Protected health information (PHI) is rendered unusable, unreadable, or indecipherable to unauthorized individuals if one or more of the following applies: Electronic PHI has been encrypted as specified in the HIPAA Security Rule by “the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without use of a confidential process or key” (45 CFR 164.304 definition of encryption) and such confidential process or key that might enable decryption has not been breached. To avoid a breach of the confidential process or key, these decryption tools should be stored on a device or at a location separate from the data they are used to encrypt or decrypt. The encryption processes identified below have been tested by the National Institute of Standards and Technology (NIST) and judged to meet this standard. Valid encryption processes for data at rest are ...read more |
| Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more |
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1/21/25 Healthcare Data Breaches and Their Devastating Impact
1/21/25 Your Essential Guide to Data Breach Reporting Procedures
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11/16/22 Administrative Requirements and Burden of Proof
11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
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