Privacy and cybersecurity are incredibly dynamic, and in 2025 we have committed ourselves to a look ahead post every six months, with the next one in July 2025. The new Congress convened on January 3, 2025, and a new administration starts on January 20. Most state legislatures reconvene in early-to-mid January. If you track privacy
The Confidentiality (or not) of Cyber-Forensics in a Data Breach
Data breaches are on the rise. So are the lawsuits that follow. This has led to an environment where cyber-forensics service providers are more important than ever. Clients seeking these services, however, often do so after becoming the unwilling victims of a data breach. And those circumstances create uncertainty for protecting — either as attorney-client
Executives Personally Sued for Data Privacy Incidents
If you manage a company that collects and otherwise processes personal data (which is just about every company, these days), you may need to protect your own pocketbook. As governments across the globe continue to enact and enforce data privacy, data protection, and cybersecurity laws, data becomes more readily available, and the volume of incidents
Seattle & Portland Virtual Cybersecurity Summit Begins Tomorrow
Join me, Stoel Rives’ Chief Information Security Officer (and Global Privacy & Security Blog® author) Jon Washburn, for a panel discussion in which I will partner with top industry CISOs and CIOs to address the most pressing cybersecurity challenges of 2021. Register now for free for the Seattle & Portland Virtual Cybersecurity Summit
Don’t let Cyber Insurance be Your Cybersecurity Plan
In a recent letter to insurers, the New York State Department of Financial Services (“NYDFS”) acknowledged the key role cyber insurance plays in managing and reducing cyber risk – while also warning insurers that they could be writing policies that have the “perverse effect of increasing cyber risk.” If a cyber insurance policy does not
Securing Online Shopping has Never Been More Important
In the wake of the COVID-19 pandemic, more consumers than ever before are shopping online – and they’re not likely to be very forgiving to any retailer that breaches their personal information. According to this recent survey from payment solutions provider PCIPal, 64% of people in the US would avoid a business following a COVID-19
Working from Home? Here are 12 Steps to Reduce Data Privacy and Security Risk
Businesses are instituting widespread remote work policies and procedures to facilitate social distancing and “flatten the curve.” Enterprises simultaneously need to be mindful of increased data privacy and security risks. The risks can range from pandemic-related phishing emails to increased pressure on network architecture to well-intentioned employee shortcuts. Hackers will try to take advantage of
Soon, All Ransomware Attacks May Be Data Breaches
As this recent article illustrates, many ransomware operators are now collecting information from victims before encrypting their data, and then threatening to release what they’ve collected – or actually releasing some of it – to increase the chance they’ll get paid. There have been many cases already where at least a portion of data has
Your Security Program Must Think Beyond Malware Protection
According to Crowdstrike’s most recent Global Threat Report, in 2019 they observed that malware-free attacks – attacks where malicious files are not written to disk – outpaced malware attacks by 51% to 49%. In Malware-free attacks, the attackers leverage Tactics, Techniques and Procedures (TTPs) that are less likely to be detected by traditional anti-malware
Trickbot and Emotet Financial Malware Now Attacking the Healthcare Industry
In a recent Cybercrime Tactics and Techniques Report focusing on the health care industry, cybersecurity company Malwarebytes discovered a significant 82% spike in Trojan malware attacks on health care organizations in Q3 2019. Emotet and TrickBot, two especially sophisticated and dangerous forms of malware, were mostly responsible for this surge.
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Achieving Industry Standards
For Cybersecurity and Privacy, “What Are the Industry Standards? Are We Meeting Them?”
These are questions the FTC Chairman, Joseph Simons, strongly suggested a CEO must ask before a data breach occurs to avoid the prospect of personal liability. These questions and statements by other commissioners emphasizing the FTC’s role – to bring about a “culture of change” that better protects consumers – were part of separate meetings with each of the five FTC commissioners last month. On the heels of these meetings, Senator Ron Wyden (D-OR) proposed federal legislation that would give the FTC new powers and incarceration for executives who fail to meet industry standards.
With the FTC already requiring at least one CEO to verify that a company is meeting industry standards for privacy, the question of what industry standards apply is more important than ever. Since 2010 the FTC has resolved about 50 cases involving alleged cybersecurity incidents and privacy violations (mostly the latter). In 12 of these the FTC named directors and officers and their organizations. In four of these the FTC negotiated settlements requiring organizations to establish and implement written cybersecurity and privacy programs. As noted previously, the FTC has been on a tear”[1] and recently mandated that Equifax implement a comprehensive cybersecurity program that included, “at a minimum,” 26 requirements.
Which brings us back to Chairman Simons’ questions and what constitutes “industry standards.” Some laws and commonly used contract terms define industry standards as “the usual and customary practices in the delivery of products or services within a particular business sector.”[2] Industry standards can also refer to a standard adopted by a Standards Setting Organization. Establishing such standards takes time as they must be tested to ensure broad application. Enter NIST – the National Institute of Standards and Technologies.[3]
In February 2013, an executive order was issued requiring government and private sector organizations to collaborate on how “to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, security, business confidentiality, privacy, and civil liberties.”[4] A year later the NIST Cybersecurity Framework (“CSF”) was published and last year on April 16 it was updated. The Organization of American States and Amazon Web Services recently described it as:
[U]ndoubtedly a tool for cybersecurity risk management, which enables technological innovation while adjusting to all types of organizations (regardless of category or size) … [and is] a simple-approach to strategy to cybersecurity governance, to make it possible to easily transfer technical notions to the business objectives and needs.[5]
The CSF can be found here: https://www.nist.gov/cyberframework.Continue Reading Achieving Industry Standards