With numerous different breaches affecting so many people as of late, millions of consumers are receiving emails from trusted brands noting that customer emails (and perhaps other information) have been compromised, so consumers should be wary of future emails that may appear to be sent from them.

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Today’s headlines trumpet yet another high-profile medical data breach, this time through Health Net. This corporate catastrophe reminds us of the increasing hazard of medical fraud, which is the most expensive and time consuming to resolve of all types of identity theft . The second annual National Study on Medical Identity Theft, fielded by the Ponemon Institute provides further insight into this pervasive problem and how it affects consumers.

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For businesses that don’t comply with these new regulations, stiff penalties will be added to the burdensome costs of breaches (and how can you even tabulate costs like the loss of public trust?) The new regulations headed our way in 2011 provide one more reason for businesses to protect themselves from breaches, swiftly take action when a breach has been detected, and stay informed about the legal currents that are taking shape.

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The proliferation of state data breach notification laws, substantive state information security laws (such as the Massachusetts data security standards), and FTC and private lawsuits on information security matters has led to heightened attention to information security in both IT budgets and staffing and in terms of legal resources. With budget pressures all around (not to mention time pressures and the pressures of other duties that in-house counsel already has), the question becomes: How can my organization lower the time and dollar costs associated with information security when there is a breach?

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While state laws requiring “reasonable” data security have had a positive impact, data breach notification laws have had the most profound effect on the improvement of data security. These laws have motivated companies – through negative incentives – to improve data security to avoid publicity, embarrassment, and the risk of notification.

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Our guest blogger this week is the team at Proskauer Rose LLP. Hear more from the head of the Privacy & Data Security Group and a member of the Technology, Media & Communications Group at Proskauer Rose LLP, Kristen Mathews, during our next webinar, How Policy Will Shape Data Privacy in 2011, coming up on [...]

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When a data breach occurs it is important to understand the breach notification laws in your State and what you have to do to abide by them. After contacting your legal counsel, the next stop you can make is the National Conference of State Legislatures which maintains a list of enacted and proposed security breach [...]

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A recent study by Trend Micro indicates data loss is a growing concern for small businesses. The 2010 Corporate End User Study found that close to 60% of business respondents feared that data loss would be the result of data-stealing malware or by intentional or unintentional data leaks outside the company network.  Even though data [...]

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Identity thieves are becoming more skilled as they focus on stealing dormant social security numbers that belong to children. Experts point out that frequently the parents and children are not aware of the fraud and potential financial damage until the minor applies for his or her first job or student loan.

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