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It's Time for a Data Protection Checkup
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
We recently released the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. The report shows that human error was the number one cause of data security incidents we worked on last year, with employee negligence responsible for incidents 36% of the time. Other leading causes were theft by outsiders (22%), theft by insiders (16%), malware (16%), and phishing attacks (14%). As our report demonstrates, preventing unauthorized access is just part of the solution. Further, our report is limited to security incidents and does not even address data privacy and data hygiene (retention and destruction) issues. To fully address data privacy and security, companies should develop a comprehensive Information Governance (IG) program for managing their data. This article outlines a 10-step process to develop and maintain an IG program by: 1) Identifying data assets; 2) Conducting privacy and security assessments; 3) Regularly reassessing; 4) Identifying responsive and mitigating measures; 5) Implementing the measures; 6) Monitoring the operation and evaluating the effectiveness of the program; 7) Conducting education and training; 8) Addressing data in the hands of third parties; 9) Preparing for incidents; and 10) Considering insurance.
IG programs mature over time, but if your organization is not committed to developing and maturing an IG program, it will be inadequately prepared for the inevitable data privacy and security incidents that it will incur. Conversely, starting the process of good IG management will reduce the likelihood of incidents and better prepare a company for addressing them when they occur.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?