BreachExchange mailing list archives
Re: They Take it Seriously? Oh, Sure - Criminally Liable?
From: George Toft <george () myitaz com>
Date: Thu, 11 Jan 2007 07:25:16 -0700
And this verbiage is what is so irritating. If the server hard drive is encrypted, they can say the data was encrypted, right? But if the attack were network based, and the OS decrypted the data and the attacker got the data, it was unencrypted. Security professionals know the data was unencrypted - that's how the thief got it. But the managers are going to say the drive was encrypted. I think this verbiage is geared toward laptop theft, not server attacks. The verbiage is loose enough to give the negligent ones wiggle room to not have to report. The other side of this coin is getting business owners to acknowledge the law. I spent the last year talking to business regulated by GLBA, and most of them (99%) refuse to acknowledge their obligation under the law, and none of them ever heard of Arizona's breach reporting law. George Toft, CISSP, MSIS My IT Department www.myITaz.com 623-203-1760 Confidential data protection experts for the financial industry. Donald Aplin wrote:
The vast majority of the 34 state-enacted data breach consumer notification laws only require notice if there is a breach of unencrypted data. A few of the newer ones added that it's still a covered breach if the encryption key goes missing at the same time encrypted data is lost. Perhaps more important are the risk of harm threshold provisions in many of the laws which do not require notification if after a "reasonable" investigation by the covered entity there is a determination that there was no actual damage or any reasonable risk of future harm done by the breach (this is consistent with the court examinations of breaches in which they pretty much uniformly do not consider the threat of potential ID theft to be actual damages). In short, the fox gets to guard the henhouse. Donald G. Aplin Legal Editor BNA's Privacy & Security Law Report (202) 452-4688 _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tracking more than 143 million compromised records in 530 incidents over 7 years.
_______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tracking more than 143 million compromised records in 530 incidents over 7 years.
Current thread:
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? ray . hawkins (Jan 10)
- <Possible follow-ups>
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? Jeff Walker (Jan 10)
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? Donald Aplin (Jan 10)
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? George Toft (Jan 11)
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? Marcus Dolce (Jan 11)
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? Donald Aplin (Jan 10)
- Re: They Take it Seriously? Oh, Sure - Criminally Liable? DAIL, ANDY (Jan 11)