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Best practices for data breach detection, response

May 2021 employment law letter
Authors: 
Anna Limoges and Kelsey Heino, Goosmann Law Firm

It’s not a matter of who will be affected by a data breach but when. The COVID-19 pandemic has awakened a Pandora’s box of data predators. For a company, the breaches can be costly, both financially and in other ways, including the devastating toll they can take on your reputation. Many breaches occur because of an inadvertent insider or human error. In general, you can lower the cost by formulating a response plan that decreases the time to detect a breach and lays out procedures for the best possible rapid response.

Prevention

The best practice is to educate every employee who may have access to your company’s information on how to identify the signs of a data breach. Depending on the data, you also can purchase programs to help by shooting up red flags when a potential breach may have occurred. Generally, the flags should go up when you notice:

  • Changes in files;
  • Abnormally slow systems and devices;
  • Any irregular activity;
  • Abruptly locked-up accounts; and
  • Any unusual traffic flowing out of the business.

Some signs may be more obvious, such as customers calling to let you know their credit rating changed recently.

Customize a training program for each business so employees are aware of specific tactics to prevent or identify a breach in its early stages. Be aware of any data protection regulations that may apply to your business. Also, depending on the company, it may be wise to put a team in place to assist with training and developing the response plans.

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