BreachExchange mailing list archives

Re: What is my data worth?


From: George Toft <george () myitaz com>
Date: Sun, 24 Sep 2006 23:22:44 -0700

Numbers I've seen . . .

According to Consumer Reports, the average phishing theft victim suffers 
an $800 loss.  Let us assume that the same metric can be used for 
"general" ID theft.

In 2002, an ID thief employed at the same company where I was working 
was busted for selling ID's on the Internet for $50/each.  He ripped off 
a competitor's employee database and was selling it off.  Sad thing was 
the FBI was tracking him for 4 years before they busted him.

I've read of numbers higher and lower than that, but that's about the 
going wholesale rate for an ID.  Retail seems to be about $140, based on 
a NY Times article.


Liability considerations . . .
I'm not sure this metric could be used to establish damages, but it 
would weigh heavily in proving negligence.  Assume a CPA has 500 
client's information stored on a hard drive.  Using the numbers above, 
that hard drive is worth $25K - $70K (wholesale vs retail).  If someone 
regulated by Federal Regulations (GLBA) failed to take the required 
actions to protect a $25K device that caused 500 people $800 damage each 
(total of $400K in damages), I think the plaintiffs have a good case for 
a suit.

Many states are writing a stipulation into their data protection laws 
where the victim can recover actual costs from ID theft from the company 
that lost it.  IMHO, it would be a clear case of negligence to not spend 
the few thousand dollars to protect yourself from a 6 figure law suit.

Disclaimer: I am not a lawyer.


Personal story . . .
I met with a CPA recently.  We discussed his obligations under GLBA to 
protect his client's information.  His only question was whether or not 
his insurance company required a risk assessment (which GLBA requires). 
  He had absolutely no intension of complying with GLBA unless his 
insurance company required it.

I then explained the scenario to my insurance company and asked them if 
they would pay out on a liability law suit if I failed to comply with 
Federal Law.  Their answer: maybe.


Final tidbit . . .
I have yet to meet a company regulated by GLBA that was in full 
compliance.  I would even go so far as to say 95% of the companies bound 
by this regulation have never heard of it, therefore don't know their 
obligations.  (Based on telephone interviews we've conducted in Phoenix, 
that number is closer to 98%.)

The problem is only going to get worse.

George Toft, CISSP, MSIS
My IT Department
www.myITaz.com
480-544-1067

Confidential data protection experts for the financial industry.


Jason Lewis wrote:
I was reading about various lawsuits against companies/entities that 
have had data breaches and I got to thinking. Has anyone done any 
research into how valuable my data is?  I would think that would go a 
long way in estimating losses.

For example, an advertiser is interested in target demographics, how 
much will they pay for info about me and my spending habit, credit card 
debt, loans, etc.

How much is the average consumer's data worth?  Is it even reasonable to 
try and figure out that cost when trying to punish entities that lose 
the information?

jas
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Dataloss Mailing List (dataloss () attrition org)
http://attrition.org/dataloss
Tracking more than 146 million compromised records in 366 incidents over 6 years.




_______________________________________________
Dataloss Mailing List (dataloss () attrition org)
http://attrition.org/dataloss
Tracking more than 146 million compromised records in 366 incidents over 6 years.



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