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Cyber Security

California data breach law AB1710 stirs up debate on notification requirements



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December 10, 2014December 11, 2014 | Kroll Editorial Team

California Assembly Bill No.1710 (AB 1710) was signed into law on September 30, 2014, and amends California’s existing data protection laws, in part by setting forth requirements on what to do if protected data is exposed.

AB1710 takes effect this  January 1st, 2015, and there has already been much speculation and debate regarding several key pieces of the legislation. One such point of debate is the wording that amends what must be done if data is breached, which now states that a breached entity must “offer to provide appropriate identity theft prevention and mitigation services, if any, to the affected person at no cost for not less than 12 months if the breach exposed or may have exposed specified personal information.”

It is the use of “if any” as a modifier that is causing contention; i.e., does this phrasing mandate services, or simply that entities choosing to offer services must do so for 12 months? It’s likely this will be answered through guidance issued by the California attorney general’s office; however, the question remains as to what constitutes “appropriate” identity theft prevention and mitigation services?

[California Data BReach Law AB1710] The de facto offering is, of course, credit monitoring. Yet, there are many types of identity theft that cannot be detected by simply viewing the information reported to the credit bureaus. Kroll advocates a risk-based approach, one that relies upon a careful analysis of the facts and circumstances of the event, the types of sensitive information that were breached, the size of the event, and the sensitivity of the impacted population. This type of analysis helps clarify the type of mitigation services that would be appropriate and useful to breach constituents, and also sheds light on the impact of the breach to the organization itself.

Such a measured approach offers an advantage to organizations that have been breached, especially in light of these new requirements in California. There are even indicators that, as in the past, California may be leading the way: Rhode Island and Minnesota for example, have already considered their own bills requiring credit monitoring or other services. It behooves all entities that do business in California to consider the implications of the law, and to begin considering the types of meaningful mitigation services they can offer consumers.

Tags: Cyber Security Identity Theft Law/Legal Other Technology, Media & Telecoms United States

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Trending Topics

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Cyber Security

Ghosts of retail data breaches: Past, present and future


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December 11, 2014December 11, 2014 | Jennifer Rothstein

“Without their visits,” said the Ghost, “you cannot hope to shun the path I tread.”

  ~ from the Charles Dickens’ classic, A Christmas Carol

The holiday season is upon us, and with it comes a barrage of bad tidings about cyber threats, retail data breaches and risks to consumers. While the cyber events of the past cannot be changed, and the problems of the present are ever-burdensome, the future is not marked in stone; it can be changed, when warnings are heeded, of course. With a nod to Charles Dickens, Kroll offers its own twist on the “ghosts” of data breaches past, present and future — with a little wisdom thrown in for good measure!

Ghost of breaches past … Missteps to avoid

When Target announced last December that 40 million customers had been hit by its data breach, the resulting outcry was like nothing seen before. Customers, stockholders, the media, regulators, legislators and litigators — the fallout has haunted Target for months. Target saw both sales and share prices drop at the end of 2013, and has since disclosed breach costs reaching over $150 million.

Looking back, some of the harshest criticism was aimed at the company for not disclosing the breach in a timely way and subsequently issuing updates that did little to shed light on the scope of the breach. By the time it announced in January that up to 70 million customers’ data had been compromised, it had squandered much of its credibility and goodwill with consumers and other stakeholders.

Word to the wise:

Tech tip: Strictly limit administrative access to your network. Any intersection of programs within your network, especially third party integrations, is a vulnerability that leaves the door open for malicious intruders.
Policy tip: Create and practice your incident response plan so you’re ready to immediately mobilize resources if a breach occurs.
Communications tip: Ensure that your team includes trusted investigators and professionals who are knowledgeable in breach response, including public relations pros, to relay accurate and constructive communications with stakeholders.

Ghost of breaches present … Threat awareness is key

Of course, Target is not the lone retailer haunted by a data breach; Home Depot, Kmart, Michaels, Neiman Marcus and Supervalu have all reported data breaches, some as recently as last month.

As holiday shopping shifts into overdrive, the temptation — and opportunities — for hackers grows exponentially. If we could hang on the sleeve of the ghost of breaches present, we’d see retail hackers of all stripes working hard to take advantage of myriad data security vulnerabilities. For example, although chip and pin credit/debit cards may now be available in the U.S., their presence and use are still a bit of an apparition. Additionally, phishing emails and associated sites become ever more sophisticated and difficult to distinguish from legitimate companies.

Word to the wise:

Tech tip: Require multi-factor or two-step authentication for all remote connections. This extra level of protection makes it that much more difficult for potential cyber thieves to steal passwords or other identifying credentials. Other sound steps include application whitelisting to allow only known, legitimate applications and end-to-end encryption technology.
Risk tip: Consider obtaining cyber insurance coverage. Just the application process itself can be very helpful in identifying vulnerabilities and gaps in security — unexpected and scary findings could be the motivation needed to make significant data security improvements in the nick of time. Many policies also require recommended practices (such as encryption) and include access to invaluable resources, such as experienced investigative teams, notification experts, and credit monitoring and remediation solutions.
Policy tip: Test and practice your response! Also known as tabletop exercises (TTX), these simulations can identify security gaps; instill greater confidence in your first responders; demonstrate regulatory compliance; and most importantly, can potentially reduce harms from an actual breach, including notification, remediation, litigation and reputational costs.

Ghost of breaches future … Changing fate

For retailers unprepared for a data breach, the aftermath can be bleak indeed. Companies can face reputational and brand damage as well as losses in customers, revenue and share prices, not to mention increased costs for litigation and regulatory penalties. For consumers, identity theft can be a huge headache, particularly if the only remedy provided is credit monitoring. Consider that 84.8% of identity thefts reported to the Federal Trade Commission in 2013 would not have been detected via credit monitoring alone. Credit monitoring is strictly limited to alerting the consumer to activity that has already occurred, and does nothing to assist if the activity turns out to be identity theft related.

Luckily, there is hope that, in Dickens’ words, “the shadows of the things that would have been, may be dispelled.” The key is for retailers to think beyond credit monitoring and instead explore how they can best serve customers whose data is lost or becomes compromised in their care.

Word to the wise:

Risk tip: Given the recent attention to what constitutes a proper consumer offering (i.e., California’s Assembly Bill 1710, which takes effect January 1, 2015, and includes controversial mandates regarding identity theft mitigation services), companies would be well-served to consider consumer remediation carefully. A risk-based approach assists breached organizations in looking at the facts of the breach, including what types of sensitive information were compromised, so that a relevant and useful offering can be developed and implemented.
Tech tip: Identity theft mitigation services encompass far more than credit monitoring. Look to various non-credit monitoring options that search for instances of sensitive information from a host of sources — public records, pay day loans or check cashing services, and even “dark” websites known to be associated with criminal activity. These types of products will help consumers by monitoring more than just credit information and deliver the dynamic vigilance necessary to detect fraudulent activity.
Communication tip: Depending on the sophistication of the identity thieves, consumers may need in-depth help to restore their good name. Consider offering customized, one-on-one restoration services with verifiable experts like licensed investigators, who can help restore your consumers’ peace of mind as well as their identities.

One of our wishes is that no one suffers a data breach this holiday season and beyond, but we hope you find helpful the ideas and solutions shared in these visits with the ghosts of breaches past, present and future. Have a safe and happy holiday season!

“I told you these were shadows of the things that have been,” said the Ghost. “That they are what they are, do not blame me!”

Tags: Breach Prevention Cyber Security Identity Theft Response Notification Insurance Retail, Wholesale & Distribution EMEA United States

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About the Author

Jennifer Rothstein

Jennifer Rothstein is a director with Kroll’s Cyber Security practice. At Kroll, Jennifer maintains and broadens the strategic partnerships established with insurance companies, brokers and insureds. She leads cross-functional activity to facilitate new business opportunities and targeted product development as it relates to cyberliability.

About the Author

Jennifer Rothstein

Jennifer Rothstein is a director with Kroll’s Cyber Security practice. At Kroll, Jennifer maintains and broadens the strategic partnerships established with insurance companies, brokers and insureds. She leads cross-functional activity to facilitate new business opportunities and targeted product development as it relates to cyberliability.

 

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Trending Topics

Ghosts of retail data breaches: Past, present and future

by Jennifer Rothstein | December 11, 2014
Breach Prevention Cyber Security Identity Theft Response Notification Insurance Retail, Wholesale & Distribution EMEA United States

California data breach law AB1710 stirs up debate on notification requirements

by Kroll Editorial Team | December 10, 2014
Cyber Security Identity Theft Law/Legal Other Technology, Media & Telecoms United States

Anyone want to buy a data breach?

by Alex Gross | November 4, 2014
Breach Prevention Cyber Investigations Cyber Security Data Breach Response and Remediation Data Security Business Services Insurance Law/Legal Retail, Wholesale & Distribution EMEA United States

Ghosts of retail data breaches: Past, present and future

by Jennifer Rothstein | December 11, 2014
Breach Prevention Cyber Security Identity Theft Response Notification Insurance Retail, Wholesale & Distribution EMEA United States

California data breach law AB1710 stirs up debate on notification requirements

by Kroll Editorial Team | December 10, 2014
Cyber Security Identity Theft Law/Legal Other Technology, Media & Telecoms United States

Anyone want to buy a data breach?

by Alex Gross | November 4, 2014
Breach Prevention Cyber Investigations Cyber Security Data Breach Response and Remediation Data Security Business Services Insurance Law/Legal Retail, Wholesale & Distribution EMEA United States

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Gwich'in Resist Alaska Drilling

by the Caribou Commons Project, photos by Amy Sherts

The Porcupine Caribou Herd is a herd of 130,000 barren ground caribou. The herd derives its unusual name from its twice-annual crossing of the Porcupine River during its fall and spring migrations. The herd's annual migration from its winter range in the boreal forest of Alaska, the Yukon and the Northwest Territories to the coastal plain of the Arctic National Wildlife Refuge is the largest migration of any land animal on earth. The Arctic Refuge is the core calving area for the herd. It is the place where pregnant females give birth to 40,000 calves each June. For many reasons, wildlife biologists call this place a "critical habitat" for the herd.

For the Gwich'in of the Arctic it is simpler than that: the calving grounds are a sacred place.

The Gwich'in are caribou people. They have lived in the north and depended on the caribou for more than 12,000 years. Caribou are at the very heart of Gwich'in culture. As Gwich'in activist and Caribou Commons Project speaker Norma Kassi says, "The relationship between the Gwich'in and the caribou is not one of convenience; it is one of necessity. A healthy Porcupine Caribou Herd is necessary for the continued survival of Gwich'in culture."

The annual migrations of the Porcupine Caribou Herd evoke images of the movements of the long-gone buffalo herds of the Great Plains. Indeed, caribou mean as much to the Gwich'in as the buffalo once meant to the Indians of the American midwest. There are many parallels between caribou and buffalo: both are migratory mammals requiring huge natural ranges, both survived in their lands for hundreds of thousands of years, and both were an integral part of lifestyles and cultures of indigenous peoples. Tragically, free-ranging buffalo no longer exist on the Great Plains; however, caribou still migrate across the Arctic ó for now.

The Arctic National Wildlife Refuge has been referred to as "America's Serengeti" for its biological diversity. The Refuge contains important habitat not only for cow caribou and their calves but for dozens of species of other mammals and more than a hundred species of migratory birds. Musk oxen, wolves and grizzlies thrive here. Among the birds that flock to the coastal plain every spring to nest are snow geese, tundra swans, golden plovers and red-throated loons. The coastal plain is also the most important on-shore denning area for polar bears in the United States.

Unfortunately, wildlife biologists and aboriginal people are not the only ones interested in the caribou calving grounds. Multinational oil companies such as British Petroleum, Exxon and Chevron have taken an interest in the calving grounds, too, but for very different reasons. They are lobbying Congress to allow them to drill for oil in this sacred place. Since the election of Bush, these companies have redoubled their efforts and gaining confidence in their bid to gain access to the calving grounds. Opening up the coastal plain of the Arctic Refuge is a central component of Bush's energy policy. This is a crucial time for the calving grounds, the caribou and the Gwich'in.

Biologists and Gwich'in Elders know that this special, sacred area is too sensitive to support industrial development. Female caribou with their newborn calves avoid the sights, sounds and smells of oil development. They would be forced to bear their young elsewhere, in places where nutrient-rich food is less plentiful and predation is greater. Wildlife biologists say that oil development would almost certainly trigger an increase in caribou calf mortality, which would affect both the herd and the Aboriginal People who depend on it.

The oil industry's record of environmental abuse ranges from huge disasters such as the Exxon Valdez oil spill to the less headline-grabbing daily befouling of the Arctic's land, air and water. The oil industry says it does things differently now, but year after year tens of thousands of gallons of crude oil and other hazardous wastes continue to be spilled in the once-pristine Arctic north slope. The oil fields annually produce more air pollution and greenhouse gases than the municipality of Washington, DC. Ninety-five percent of Alaska's Arctic coastal plain is already open for oil development. Thousands of miles of roads and pipelines, airstrips, production facilities, airports and gravel pits have changed the face of the Arctic forever. It is not too late to preserve and protect the remaining five percent of Alaska's North Slope that still exists as nature intended it.

The Arctic National Wildlife Refuge was originally created under President Eisenhower as the Arctic Wildlife Range. It was expanded in 1980 to 19 million acres, 84 percent of which was designated part of the National Wilderness Preservation System. Multinational oil corporations at the time managed to convince Congress to exclude the coastal plain from this designation. Despite overwhelming public support for permanent protection of the Refuge, and a US Supreme Court ruling that the Refuge is protected and belongs to all Americans, the multinationals continue their well-financed push for development in the calving grounds.

Pro-drilling forces in Congress are currently trying to pass legislation that would allow oil development in the Arctic Refuge. Republican Senator Frank Murkowski of Alaska is hoping that high gasoline prices in the summer of 2001 will convince enough senators to vote for a comprehensive energy bill that would allow drilling in the calving grounds of the Porcupine Caribou Herd. Murkowski hopes to force a vote before Congress recesses at the beginning of August.

At the moment, though, polls show that a majority of the US public is opposed to opening up the Arctic Refuge to development, and votes in Congress reflect that opposition. Even many Republican senators have said they will vote against any bill that permits drilling. If enough Americans let their politicians know that they support protection of the Arctic Refuge, the Gwich'in hope that wilderness legislation will be passed during the next few years. However, the battle is far from over, and the fate of the caribou and the Gwich'in is still highly uncertain.

The issue of oil development in the calving grounds of the herd is now one of the most important conservation issues in the world. For the Gwich'in, it is a human rights issue that goes to the very core of their thousands-of-years-old culture.

Contact the Caribou Commons Project, 21 Klondike Road, Whitehorse, Yukon, Y1A 3L8, project@cariboucommons.com, www.cariboucommons.com

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