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.
| In today's interconnected world, data breaches are an unfortunate reality. Whether it's a sophisticated cyberattack or a simple human error, the unauthorized access to sensitive information can have devastating consequences for individuals and organizations alike. While prevention is paramount, knowing how to respond effectively in the aftermath of a breach is equally critical. A key aspect of that response is data breach reporting. Why is Data Breach Reporting So Important? Data breach reporting is the process of notifying relevant authorities and affected parties about a security incident that has compromised personal or sensitive data. It's more than just an administrative formality; it's a legal obligation in many jurisdictions and has a profound impact on: Protecting Individuals: Prompt reporting allows affected individuals to take necessary steps to mitigate potential harm, such as changing passwords, monitoring their credit reports, and being vigilant against identity theft.Legal Compliance: Numerous laws and regulations, like ...read more |
| Think about service providers. If service providers were involved, examine what personal information they can access and decide if you need to change their access privileges. Also, ensure your service providers are taking the necessary steps to make sure another breach does not occur. If your service providers say they have remedied vulnerabilities, verify that they really fixed things. Check your network segmentation. When you set up your network, you likely segmented it so that a breach on one server or in one site could not lead to a breach on another server or site. Work with your forensics experts to analyze whether your segmentation plan was effective in containing the breach. If you need to make any changes, do so now. Work with your forensics experts. Find out if measures such as encryption were enabled when the breach happened. Analyze backup or preserved data. Review logs to determine ...read more |
| Think about service providers. If service providers were involved, examine what personal information they can access and decide if you need to change their access privileges. Also, ensure your service providers are taking the necessary steps to make sure another breach does not occur. If your service providers say they have remedied vulnerabilities, verify that they really fixed things. Check your network segmentation. When you set up your network, you likely segmented it so that a breach on one server or in one site could not lead to a breach on another server or site. Work with your forensics experts to analyze whether your segmentation plan was effective in containing the breach. If you need to make any changes, do so now. Work with your forensics experts. Find out if measures such as encryption were enabled when the breach happened. Analyze backup or preserved data. Review logs to determine ...read more |
| Covered entities and business associates must only provide the required notifications if the breach involved unsecured protected health information. Unsecured protected health information is protected health information that has not been rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance. This guidance was first issued in April 2009 with a request for public comment. The guidance was reissued after consideration of public comment received and specifies encryption and destruction as the technologies and methodologies for rendering protected health information unusable, unreadable, or indecipherable to unauthorized individuals. Additionally, the guidance also applies to unsecured personal health record identifiable health information under the FTC regulations. Covered entities and business associates, as well as entities regulated by the FTC regulations, that secure information as specified by the guidance are relieved from providing notifications following the breach of such information. ...read more |
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11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
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11/16/22 Notify Individuals
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