Data Breach Risks Overview Heather Pixton www2.idexpertscorp.com

Agenda What you need to know about data breaches What Are Data Breaches? Cyber Threats and Trends Recommended Proactive Efforts Breach Response Best Practices

What is a Data Breach*? Data Breach is a “Legal” Construct All breaches start as incidents, but not all incidents end up as breaches "Incident" = attempted or successful unauthorized access, use, disclosure, modification, or destruction of PHI/PII "Breach" = acquisition, access, use, or disclosure of PHI/PII [that poses a significant risk of financial, reputational, or other harm]* * The definition of “data breach” varies across specific legislation and rules. In US states, many include a “harm threshold”

Data Privacy, Security, Breach Notification Regulatory Complexity 46 states and three territories have breach laws PII/PHI; 33 Have Harm-Test; Exceptions; Notification Thresholds FCRA, FACT Act, PCI-DSS Provide for security of financial data FTC enforcement HIPAA/HITECH Privacy, Security, Breach Notification Omnibus Rule just issued; HHS/OCR enforcement

855* 174,000,000* $33.7 billion** Annual Data Breaches By the Numbers Estimated incidents (excluding healthcare) Number of affected individuals Estimated economic impact * Verizon 2012 Data Breach Investigations Report ** Derived from Ponemon Institute 2011 Cost of Data Breach Study, March 2012

Leading Causes of Data Breaches* Source: Ponemon Institute 2012 Cost of Data Breach Study, March 2013

A Couple Breach Examples Careless Malicious

Three Key Steps to Managing Risk* Best Practice Based on ENISA Framework for Effective Governance Risk assessment: the basis for security governance; assets in scope, dependencies, transparency Security measures: take appropriate measures; logical redundancy, monitoring & audits Incident reporting: mandatory reporting, legal consequences, data breach regulatory requirements * European Network and Information Security Agency (ENISA), Critical Cloud Computing, December, 2012

If You Do Nothing Else… A risk assessment will Do a privacy and security risk assessment A risk assessment will Inventory your organization’s data to understand your data breach risk exposure Review privacy & security policies/procedures to identify gaps Evaluate security technologies and controls Review insurance for data breach coverage

When a Data Breach Occurs Have a Plan Small/medium-sized businesses must rely on a trusted partner Help you determine if your incident is a breach Develop a proportionate and compliant breach response Provide the proper level of concern and care to the affected individuals (customers)

YourResponse™ The only structured, repeatable methodology for data breach response that leads to reduced risks and positive outcomes

Looks Complicated. Does That Make it Expensive? Not Necessarily. Using YourResponse, you will realize lower costs by Formulating response that is least costly based on a victim risk profile Reducing risks of fines/penalties due to use of a rigorous and documented methodology Breach response managed by experienced firm with volume cost structure

Questions? Jeremy Henley Insurance Solutions Executive jeremy.henley@idexpertscorp.com 760-304-4761