BreachExchange mailing list archives
Re: confirming victims of data breaches?
From: "DAIL, WILLARD A" <ADAIL () sunocoinc com>
Date: Tue, 22 Jul 2008 11:01:49 -0400
Technically speaking, do you think most companies involved in a breach perform triage on the consumers to determine who must be notified? Personally, I do not think most companies have enough information to do that. I think some companies may make a conscious decision to break the law by not reporting the incident at all (which is a different discussion in my opinion), but most advice given by Privacy lawyers is to just notify everyone and not to try to determine which state laws apply, and which do not. Also, you really do not want to get into the trap of trying to determine actual risk to the consumer, as allowed by some breach disclosure laws. You will never make the right decision. On a more technical level, at least in terms of payment cards (which is my focus), we do not keep consumer information to correlate PAN's to consumers. Generally speaking, if we suffered a breach we would have a list of PAN's and possibly expiration dates. We'd provide that list to our processor who would determine the issuers based on BIN range, and notify the issuing banks. At that point either the bank(s) would notify their customer that a breach involving their card number had occurred, or if the bank(s) wanted the merchant to foot the expense, the bank(s) would provide customer contact information, and would probably want to see a copy of the letter that went out. Law enforcement, working with the attorneys generals, would determine the schedule for notification. Litigation would likely commence. Sorry the process isn't more nefarious. -----Original Message----- From: dataloss-bounces () attrition org [mailto:dataloss-bounces () attrition org] On Behalf Of Brad Putnam Sent: Monday, July 21, 2008 6:50 PM To: rshavell () identityforce com; dataloss () attrition org Subject: Re: [Dataloss] confirming victims of data breaches? Hi Rob; I have to tell you, this is one of the best questions I've seen in regard to helping consumers. To my knowledge, there are zero laws that compel a company to come clean upon verbal request of a client. Obviously, it would be good for the individual consumer; however, it could also be used nefariously. Steal a DB, call and confirm the data is good. Your point is well taken and I need to think on it a bit... I would love opinion on the subject, but I don't want to request anything without the permission of Attrition folks to utilize their list... Lastly, this is one of the best managed mail lists I've been a party to. Thank you Lyger and Co! Best regards, BP Brad Putnam President and CEO Digital Compliance, LLC PO Box 792 Billings, MT. 59103 406-325-9737 Phone 406-325-9738 Fax BPutnam () digitalcomply com This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. -----Original Message----- From: dataloss-bounces () attrition org [mailto:dataloss-bounces () attrition org] On Behalf Of Rob Shavell Sent: Monday, July 21, 2008 4:51 PM To: dataloss () attrition org Subject: [Dataloss] confirming victims of data breaches? hi all, as notification laws proliferate, i'm wondering, w/out a notification letter, can consumers themselves really confirm if they are part of a breach? in my experience, calling up a company directly to ask if you are affected by a breach results in a canned response saying "did you get a letter"? or "contact your credit card company" do companies have any responsibility to tell those who may have NOT YET received a notification (state doesn't require it, moved, whatever) that they are indeed affected? if not, doesn't this reality counter the spirit of the laws and companies doing the right thing? i understand that SSNbreach (and maybe others?) are trying to do something about this. is there any way to empower consumers here? rgds, rob ___________________ Rob Shavell Director of Compliance IdentityForce _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tenable Network Security offers data leakage and compliance monitoring solutions for large and small networks. Scan your network and monitor your traffic to find the data needing protection before it leaks out! http://www.tenablesecurity.com/products/compliance.shtml _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tenable Network Security offers data leakage and compliance monitoring solutions for large and small networks. Scan your network and monitor your traffic to find the data needing protection before it leaks out! http://www.tenablesecurity.com/products/compliance.shtml This message and any files transmitted with it is intended solely for the designated recipient and may contain privileged, proprietary or otherwise private information. Unauthorized use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. If you have received it in error, please notify the sender immediately and delete the original and any attachments. _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tenable Network Security offers data leakage and compliance monitoring solutions for large and small networks. Scan your network and monitor your traffic to find the data needing protection before it leaks out! http://www.tenablesecurity.com/products/compliance.shtml
Current thread:
- confirming victims of data breaches? Rob Shavell (Jul 21)
- Re: confirming victims of data breaches? Brad Putnam (Jul 21)
- Re: confirming victims of data breaches? DAIL, WILLARD A (Jul 22)
- Re: confirming victims of data breaches? Mike Simon (Jul 22)
- Re: confirming victims of data breaches? DAIL, WILLARD A (Jul 22)
- Re: confirming victims of data breaches? DAIL, WILLARD A (Jul 22)
- Re: confirming victims of data breaches? Brad Putnam (Jul 21)