Our law firm’s attorneys have been able to manage unexpected data breaches since they take place on a regular basis. Our legal team and group of technology experts have implemented specific protocols to mitigate the damages. One of the most important factors is assessing your company’s security weaknesses which may include proper training of all personnel including full/part-time employees and independent contractors. Training is a key factor and should be conducted in a methodical manner. The information technology department should implement the procedures for setting up personnel training sessions.
The first step is to setup a framework for proper incident responses. Then, incident notification procedures should be published for all personnel and should be part of the hiring process. The company should be able to validate the data breach by examining the information. All sensitive and confidential documents (e.g., trade secrets) should be protected and preserved on a regular basis. The incident response team should immediately investigate and monitor the breach. The company should mitigate the damages by securing electronic devices and the stored information. Also, the company should ensure the existing encryption software is functional, and if not, it should be replaced with another type of encryption software. The data owners should be formally notified since their information has been affected by the data breach. In most cases, law enforcement officials should be notified about the data breach. Finally, the company should assess and improve its data breach and incident response plans to avoid similar problems in the future.
Any organization that collects, stores, or manages sensitive or confidential information is susceptible to cyberattacks. Therefore, it must setup and manage a proper incident response plan. It must be able to engage in preventive and reactive measures such as proper data retention policies. The chain of custody in preserving information is a key factor. So, the data must be located, identified, and protected to avoid unnecessary complications. Data protection and preservation are key components from a legal perspective. The organization should have access to legal counsel to prepare for potential legal actions. The legal team should work closely with the Incident Response Team (“IRT”) to protect confidential client information such as medical or financial records. This way, the attorney-client privilege can be properly established by them.