By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Wealth Beat NewsWealth Beat News
  • Home
  • News
  • Finance
  • Investing
  • Banks
  • Mortgage
  • Loans
  • Credit Cards
  • Small Business
  • Dept Management
Notification Show More
Aa
Wealth Beat NewsWealth Beat News
Aa
  • News
  • Finance
  • Investing
  • Banks
  • Mortgage
  • Loans
  • Credit Cards
  • Small Business
  • Dept Management
Follow US
Wealth Beat News > Small Business > When Should A Data Breach Be Reported?
Small Business

When Should A Data Breach Be Reported?

News
Last updated: 2023/10/14 at 1:52 AM
By News
Share
7 Min Read
SHARE

Founder, BeforeCrypt GmbH – The Leading Ransomware Experts In Europe.

Contents
What Constitutes A Reportable Breach?General Data Protection Regulation (GDPR)US State Data Breach LawsHealth Insurance Portability And Accountability Act Of 1996 (HIPAA)Personal Information Protection And Electronic Documents Act (PIPEDA)How To Determine The Extent Of A Data BreachBetter Safe Than Sorry

One of the most terrifying facts about cybersecurity is that the damage breaches cause can force businesses to close. Paying fines for noncompliance with data privacy regulations can contribute, so it’s extremely important to know how to properly handle data breaches.

This is especially true in light of the rising epidemic of ransomware. A growing number of criminals are leveraging data privacy regulations to put pressure on business owners and extort funds. In some cases, hackers may try to confuse victims to extort more money—such as by putting a lot of pressure on victims by setting tight deadlines and trying to scare them into paying a ransom before doing research—so it’s important to know your rights and responsibilities.

This can be very difficult because it’s not always easy to tell how much data has been compromised, plus hackers may lie about it to intimidate victims. Making matters even more difficult, different countries and jurisdictions have different rules about what kind of breaches have to be reported.

This article will walk you through what you need to know to protect your company against the potentially damaging effects of ransomware-related data breaches.

What Constitutes A Reportable Breach?

With the current state of the cyber threat landscape, having a ransomware response plan in place is essential for every company. Knowing the definition of a reportable data breach in your jurisdiction is an essential part of making your plan.

The country where you are located is not the only factor affecting regulations—in many countries, there are different regulations for companies operating in different sectors. Here are some of the most important regulations to know:

General Data Protection Regulation (GDPR)

GDPR is the main data protection regulation governing all countries in the European Economic Area. It lays down guidelines for what kind of data breaches need to be reported and how.

The GDPR does not establish a fixed size threshold on which data breaches need to be reported. What matters is how likely the breach is “to result in a risk to the rights and freedoms of natural persons.”

Some of the factors to consider are:

• How much data is affected.

• The nature of the data (i.e., medical or financial).

• The type of persons affected (i.e., children).

• The possible effects of the breach.

• How easy it is to identify people from the data.

Failure to report a breach to authorities within 72 hours of detection can result in fines of up to $22.8 million or 4% of the company’s annual revenue, whichever is greater. If you take longer than this to notify authorities, you must provide a reasonable explanation.

This can give you a rough idea of reporting guidelines, but if you are in doubt, it’s always best to consult with a legal expert.

US State Data Breach Laws

In the United States, there is no single federal regulation defining data breach reporting requirements. Instead, each of the 50 U.S. states has its own guidelines and requirements.

For example, in California, you are required to report breaches that compromise the first and last name or first initial and last name of a person, plus a driver’s license or ID number, financial account, bank card number or information, medical or insurance information, biometric information, or other PII; or a username and password combination that could grant a hacker access to someone’s online accounts.

Health Insurance Portability And Accountability Act Of 1996 (HIPAA)

The HIPAA Breach Notification Rule covers data breaches affecting medical records in the United States. A reportable breach is one that involves unsecured protected health information, which is “protected health information that has not been rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance.”

Breaches covered by HIPAA have special requirements, including issuing a report to affected individuals and media outlets in the areas where affected individuals live. The report must be issued within 60 days of the time the breach is first detected.

Personal Information Protection And Electronic Documents Act (PIPEDA)

Data breaches in Canada are governed by PIPEDA, which defines a reportable data breach as one that carries “a real risk of significant harm” to affected individuals. Breaches must be disclosed to the Office of Privacy Commission in Canada. Breaches must also be disclosed to affected individuals “after you have determined that a breach of security safeguards involving a real risk of significant harm has occurred.”

How To Determine The Extent Of A Data Breach

Knowing if a data breach is reportable requires knowing which data the hacker accessed. With ransomware attacks, you can determine this based on what is encrypted and what access level the attackers gained.

If data in an affected file is encrypted, this means that the hackers had access to it. If the hackers exfiltrated data, there may be a record in the logs of the uploading process.

In many cases, you can also simply ask the hackers to prove that they have the data. This works mainly when you have successfully restored your data from a backup but the hackers are trying to use exfiltrated data for extortion.

Better Safe Than Sorry

When in doubt, it’s always better to err on the side of caution. In many cases, the agencies that require breach reporting can help you to find out what your obligations are.

Still, ransomware attacks are very stressful, and the less you have to think about, the better everything will go. This is why it’s important to know your obligations and have a plan in place in advance so you don’t have to worry about running afoul of regulators.

Forbes Business Council is the foremost growth and networking organization for business owners and leaders. Do I qualify?

Read the full article here

News October 14, 2023 October 14, 2023
Share this Article
Facebook Twitter Copy Link Print
Leave a comment Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Fast Four Quiz: Precision Medicine in Cancer

How much do you know about precision medicine in cancer? Test your knowledge with this quick quiz.
Get Started
Excelerate Energy: Nearby Best Energy-Source Cap-Gain Prospect (NYSE:EE)

The primary focus of this article is Excelerate Energy, Inc. (NYSE:EE). Investment…

Penske Is Steady, But The Road Ahead May Be Bumpy (NYSE:PAG)

Investing Thesis On Wednesday, Penske Automotive Group (NYSE:PAG) released a superficially encouraging…

Top Financial – No, Stop It, This Is Silly (NASDAQ:TOP)

TOP Financial Moves, yes, but why? TOP Financial (NASDAQ:TOP) was quite the…

You Might Also Like

Small Business

Marketing Versus PR: What’s Really Different?

By News
Small Business

Fundraising Strategies For Businesses Scaling Beyond $100 Million

By News
Small Business

The Power Of Personalization In Marketing And Website Design

By News
Small Business

Brilliant Or Lucky? 4 Key Insights For Ventures & Angels

By News
Facebook Twitter Pinterest Youtube Instagram
Company
  • Privacy Policy
  • Terms & Conditions
  • Contact US
More Info
  • Newsletter
  • Finance
  • Investing
  • Small Business
  • Dept Management

Sign Up For Free

Subscribe to our newsletter and don't miss out on our programs, webinars and trainings.

I have read and agree to the terms & conditions

Join Community

2025 © wealthbeatnews.com. All Rights Reserved.

Join Us!

Subscribe to our newsletter and never miss our latest news, podcasts etc.

I have read and agree to the terms & conditions
Zero spam, Unsubscribe at any time.
Welcome Back!

Sign in to your account

Lost your password?