Data Breach: Determining What Data Was Accessed?
When you’re In the midst of a cybersecurity incident, one of the most pressing questions, especially for small businesses, is understanding the extent of the data breach - what data was accessed, and how it impacts your organization and your customers. This has data breach notification, compliance, and intellectual property implications.
We're here to guide you through this crucial aspect of data breach assistance, providing answers and a roadmap to navigate the aftermath of a breach.
1. Consider Hiring an Cybersecurity/Data Privacy Attorney and an Cybersecurity Incident Response/Digital Forensics Team
If litigation results from the breach either from regulators, class action, or customers for breach of contact, any documentation of the data is “discoverable”. If you hire a cybersecurity/data privacy attorney, then they order the incident response and digital forensics services, the documentation and information about the breach is covered under attorney client privilege; the reports, etc can’t be used against you in court.
^That is why we partner with different cybersecurity and data breach attorneys who specialize in different niches.
2. Identify Compromised Data
The first step is to determine what data was accessed by the unauthorized party and how it was accessed. Was it just viewed or also exfiltrated (downloaded). The hackers may extort you by threatening to post the information on the dark web or they may sell it to another party.
Work closely with cybersecurity experts to conduct a thorough investigation, analyzing system logs and forensic data to identify the extent of the breach. This process helps you pinpoint the specific information that may have been compromised.
DO NOT DELETE or OVERWRITE EVIDENCE. If you cannot determine what information was accessed, you may need to assume all of it was, which will have legal and compliance implications.
3. Categorize Data Sensitivity
Not all data is equal, and understanding the sensitivity of the compromised information is vital. Categorize your data into levels of sensitivity, ranging from public information to highly confidential data, such as customer records or financial details, and regulated information like Personal Health Information (PHI), Personally Identifiable Information (PII), Intellectual Property (IP) and Trade Secrets, or even credentials. This classification will aid in prioritizing your response efforts.
4. Notify Affected Parties
Depending on your location and applicable regulations, you may be required to notify affected parties, such as customers or employees, about the breach. Transparent communication about the type of data accessed and its potential impact is critical. This step helps build trust and is legally mandated.
5. Assess Impact
Assess the potential impact of the data breach on your business operations and your customers. Understanding the consequences is crucial for determining the necessary actions and mitigations. This could range from financial losses to reputational damage.
This information could be used for Identity Theft, Social Engineering, Follow on breaches of other customers, Reverse Engineering products, etc. Customers need to know so they can take precautions.
6. Strengthen Security Measures
Learn from the breach and bolster your security measures. Implement enhanced access controls, encryption, and multi-factor authentication to better protect sensitive data. Collaborate with cybersecurity experts to fortify your defenses against future breaches.
7. Regulatory Compliance
Ensure that your response aligns with regulatory requirements. Depending on your industry and location, specific rules may apply regarding data breach notifications and handling. Compliance is essential to avoid legal consequences. Fines for non-compliance with state breach disclosure and notification laws are $100,000+.
8. Establish Incident Response Protocols
Prepare for future incidents by establishing clear incident response protocols. Create an incident response plan, and establish a relationship with a cybersecurity incident response company (like us,) define roles, and regularly practice response scenarios. A well-prepared team can minimize the impact of future breaches. Consider hiring a cybersecurity/data privacy attorney for proactive counsel.
8. Educate Your Team
Cybersecurity awareness by far has the biggest return. There are tons of cybersecurity statistics to support this. We can help train your employees on security best practices, threatt; recognizing phishing attempts, and understanding the importance of data protection. An informed team is your first line of defense.
9. Continuous Monitoring
After a breach regulators will likely keep an eye on you, and the majority of cybersecurity breach victims are re-targeted using the information stolen during the first breach.
Implement continuous monitoring of your systems to detect any unusual activities or potential vulnerabilities. Staying vigilant is key to preventing future breaches.
Navigating a data breach can be a daunting experience, but with the right guidance and a clear plan, you can minimize the impact and strengthen your organization's cybersecurity posture. Small businesses are not alone in this journey; cybersecurity experts are here to provide the necessary assistance and expertise to ensure a resilient recovery.
