Data Breach and Incident Response – Part I

Data breach and incident response protocols are important when there is a breach within an organization’s computer systems. Our law firm has assisted clients with data breaches which can occur as a result of insider threats, hacking intrusions, credit card payment breaches, and medical record breaches.

Data privacy and cybersecurity are key components that could be implemented at the network level of each organization as preventive measures. The information technology department should properly review the computer systems and implement the proper software and hardware applications. The information technology staff should install a firewall system that can monitor network traffic. It can also implement an Intrusion Detection System (“IDS”) that monitors network traffic and prevent unauthorized transactions.

These incidents have a national and international component to them since they can take place from anywhere. The hackers can be anywhere in the world when they target victims. They usually utilize sophisticated tools and resources to initiate the attacks. For example, they use social engineering and phishing to obtain personal information by impersonating a trusted source. They can use malware injecting devices, missing security patches, password cracking, and Distributed Denial-of-Service (“DDos”) attacks. The hackers steal secrets by using sophisticated tools and methods. There have been multiple incidents where the hackers infiltrated small and large companies to extract personal and confidential information such as trade secrets (e.g., patents, trademarks, copyrights), social security numbers, credit card numbers, medical records, and bank account records. The hackers can use a “back door” which is a secret pathway they use to enter the computer system. They can use a “buffer overflow” which is when malicious commands are delivered to the computer system by overrunning the application buffer. The denial-of-service attack is another method that is used to shut down the computer system. The hackers have been known to use “email worms” which includes a virus script that is transferred to the victim via an email message. Now, the hackers can gain computer “root access” which grants them complete control. The “root kit” is a group of tools that can be used to expand and disguise the hacker’s control over the computer system. The other tools that can be used by hackers include script kiddies, session hijacking, and trojan horses.

There are many important reasons to be ready for incident preparation and risk management. This is especially true when the potential victim yields sensitive and confidential information such as trade secrets. The incident response team should regularly review and assess the network’s vulnerabilities. They should locate and protect sensitive information that resides on the network system. This information can include medical records and financial information.

Our law firm’s data breach and incident response attorneys have managed to prosecute and defend legal actions in state or federal courts. They are familiar with the state and federal laws such as the Health Insurance Portability and Accountability Act (“HIPAA”), Gramm-Leach-Bliley Act (“GLBA”), Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”), the Children’s Online Privacy Protect Act (“COPPA”), the Fair Credit Reporting Act (“FCRA”), and the GDPR which yields the European Union’s privacy protocols.  There are multiple laws that could be applicable to data breach and incident response regulations.

Our internet and technology lawyers have been prosecuting and defending legal actions in state and federal courts and are available to speak with their clients. Our law firm assists clients in matters related to privacy and cybersecurity and the applicable state, federal, and international laws. Please contact our law firm to speak with an internet attorney at your earliest convenience.