FTC Released a Guide Data Breach Response- A Guide for Business (February 2021)

Data Breach Response: A Guide for Business

February 2021

The Federal Trade Commission (“FTC”) released a guide Data Breach Response: A Guide for Business, which provides a comprehensive framework for businesses to follow after experiencing a data breach involving personal information. Here’s a summary of the main points:

Immediate Response

1. Secure Operations.

   • Quickly secure systems and address vulnerabilities to prevent further breaches.

   • Assemble a breach response team, including experts from forensics, legal, IT, and management.

   • Identify and hire a data forensics team to analyze the breach's source and scope.

   • Consult with legal counsel to understand relevant laws.

2. Contain Data Loss.

3. Take affected systems offline without powering down machines until forensic analysis is complete.

4. Update user credentials and passwords to prevent unauthorized access.

5. Immediately remove any improperly posted personal information from your website and check other sites for copies.

6. Conduct interviews with individuals who discovered the breach and document all findings.

7. Preserve all evidence related to the breach for investigation.

8. Remove Exposed Information.

9. Documentation.

Fixing Vulnerabilities

• Evaluate the access and security measures of service providers and implement changes if necessary.

• Review network segmentation to ensure breaches are contained.

• Work with forensics to analyze data access logs and assess what information was compromised.

Communication Plan

• Develop a communication strategy for affected parties, ensuring transparency and clear messaging.

• Anticipate common questions and provide easy-to-find answers on your website.

Notification Requirements

1. Legal Obligations.

   • Understand and comply with state and federal laws regarding breach notifications.

2. Notify Law Enforcement.

3. Report the breach to local authorities immediately, particularly if it involves identity theft risks.

4. Inform individuals and businesses whose data was compromised.

5. Consider offering support services, like credit monitoring, especially if sensitive information (e.g., Social Security numbers) was involved.

6. Notify Affected Parties.

Guidelines for Notification

• Clearly describe the breach, including how it happened, what data was affected, and actions taken to remedy the situation.

• Provide information on recovery steps for individuals and include relevant contact details for further assistance.

• Encourage individuals to report misuse of their information to the FTC.

This guidance underscores the importance of a swift and structured response to data breaches, prioritizing security, legal compliance, and clear communication to minimize harm to individuals and the business.

 

For more information, see here:  https://www.ftc.gov/business-guidance/resources/data-breach-response-guide-business

 

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