Steps After a Data Breach

Many companies of all sizes need to store consumer data in the course of their operations.  Sometimes, companies face data breaches through which outsiders have unauthorized access to data or actually acquire confidential data belonging to a business or a third party.  Suffering a data breach can be a difficult experience for many businesses, and companies should take certain steps after a data breach to ensure that they are in the best position following a breach.

Hire an Attorney

One of the most important steps after a data breach is to hire an attorney.  Companies may have legal obligations after a data breach depending on the circumstances and what state in which the company operates.  Depending on the situation, companies may have a responsibility to notify individuals who may have been impacted by a data breach.  Moreover, companies may also need to notify government authorities after a data breach, especially if the companies perform work for government entities.  In addition, companies also have a responsibility to put protective measures in place so that data breaches are less likely.  An attorney can evaluate the situation and suggest steps that companies can take to satisfy all of their legal obligations after a data breach.

Hire an Investigator

Another one of the steps after a data breach that can help deal with the situation is to hire an investigator.  There are a variety of professionals and companies that specialize in cybersecurity and data investigations.  These firms have the expertise and experience necessary to see what happened in a data breach and potentially who was responsible for committing a data breach.  Moreover, investigators can also suggest steps that may be taken in order to protect systems in the future.  Furthermore, investigators can prepare reports which may be useful for government investigations and litigation involving a data breach.  Experienced data breach attorneys should have relationships with solid investigators and can work seamlessly with such investigators to provide well-rounded services for a client.

Provide Notice to Government Agencies

In certain circumstances, an important part of the steps after a data breach is to inform government entities that a data breach has occurred. Some laws require such notice after certain data breach events, and notice must be given to government authorities designated by such laws. Moreover, many companies have contracts with government entities which may also require that government officials receive notice that a data breach has occurred. It is important to carefully draft such notices in order to satisfy all of the requirements of a law, and an experienced data breach attorney should know how to frame such notices to government officials.

Notify Private Individuals

If the private information of a third party was accessed or acquired, then another one of the steps after a data breach may be to notify such people that a breach occurred. Certain laws require that anyone impacted by a data breach be notified of the breach or the scope of the breach so that they can take remedial steps. It should be noted that penetration tests and other examinations of an organization of its own data ordinarily does not require companies to make notifications to private consumers. However, when certain information belonging to a third party is breached, they often need to be notified of the situation.

Protective Steps

Companies should learn from data breaches and shore up their systems to ensure that they do not suffer a similar breach in the future.  Some of the steps after a data breach may include designating an employee who is responsible for issues related to data breaches and implementing systems in place to prevent such breaches.  Moreover, companies may wish to run trainings on at least an annual basis so that all of their employees understand steps that can reduce the risk of a data breach.  Companies may also wish to change passwords frequently or adopt two-step authentication to make it less likely that an unauthorized party has access to private information belonging to a party.

Criminal Prosecution

In certain instances, the unauthorized access or acquisition to private information subject to a data breach may constitute a criminal offense.  In addition, if information used from a data breach is used to commit bank fraud or other related crimes, this could constitute criminal activity.  In many instances, it pays to notify the authorities that a data breach has occurred.  Law enforcement often has more resources at its disposal to investigate a data breach and discovery who may be responsible for initiating a data breach.  In addition, law enforcement can hold criminals liable for data breaches and potentially provide a deterrent for people who may wish to attack data systems in the future.  The more information companies can provide law enforcement about an attack, the better, so it may be beneficial to speak with investigators and legal professional first when taking steps after a data breach before handing over information to the authorities.

The Rothman Law Firm is experienced at handling issues related to data breaches for clients and we have relationships with top investigators who can provide an array of services to companies of all sizes.  If you are looking for an experienced New York and New Jersey cybersecurity lawyer to handle issues related to a data breach or other matters, please feel free to contact The Rothman Law Firm to request a free consultation.