Category Archives: Risk Management

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RIMS Report: The California Consumer Privacy Act of 2018

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With legislation introduced in California this year to protect consumers’ personal data, a new RIMS professional report, Understanding the California Consumer Privacy Act of 2018 (CCPA) highlights the importance for risk professionals and their organizations to prepare and adjust business operations to remain compliant under the law.

Authored by RIMS External Affairs Committee member Teri Cotton Santos, the report addresses the rights provided to consumers under the CCPA, the obligations it creates for businesses, as well as practical steps companies should take to prepare for its implementation date.

The CCPA was signed into law in June and became the broadest U.

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S. framework imposing consent and disclosure obligations on businesses that collect personal information on California consumers. Similar to the European Union’s General Data Protection Regulation (GDPR), the law applies to companies collecting personal information on California consumers whether or not the company is based in the state. The clock is ticking for companies to update their operations and processes, as the CCPA becomes effective on Jan. 1, 2020.

“How organizations use and collect personal information continues to be a top concern for regulators and many consumers,” Santos said. “Now is the time for risk professionals to have discussions with internal stakeholders about the implementation of the CCPA and its impact on their organization’s operations and strategy.

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The report is currently available exclusively to RIMS members. To download the report, visit RIMS Risk Knowledge library at www.RIMS.org/RiskKnowledge. For more information about the Society and to learn about other RIMS publications, educational opportunities, conferences and resources, visit www.RIMS.org.

Q&A With New National Cyber Security Alliance Executive Director Kelvin Coleman

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The National Cyber Security Alliance (NCSA) announced that its new executive director is Kelvin Coleman, who has held high-level positions in the United States Department of Homeland Security, and the National Security Council.

Coleman’s appointment puts him in charge of the country’s leading cybersecurity and privacy protection education and awareness organization, responsible for leading organizational growth; facilitating strategic partnerships and alliances with government, industry and non-profits; and acting as NCSA’s primary spokesperson.

He discussed with Risk Management Monitor the types of cyberrisks he follows, preventative measures and upcoming NCSA events and services.

What are the biggest cyberrisks facing businesses today? How do you plan to advise or collaborate with business leaders to combat them?

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Some of the biggest cyberrisks facing businesses today include email threats, employee activity and vendor security. When it comes down to addressing cyberrisks targeting businesses of varying sizes, everyone needs to start with the basics. It is imperative to get leadership on board with recognizing that cyber resilience is more than just taking technology-focused measures, but also modifying processes and behaviors at all levels in the organization.

What are the attacks that are easiest or most difficult to prevent?

The answer to both is phishing. Attacks come in through three different ways – people, products, and processes. A great product can hold attackers at bay. Similarly, great processes can mitigate a threat. Human beings are the wild cards. People are both the easiest to control and the most difficult, especially when it comes to phishing attacks. One of the NCSA’s tips is “when in doubt, throw it out.” We try to make sure folks understand that if they are not familiar with a link or a website, they need to delete it or ignore it.

At NCSA, our focus is on the human side of cyberattacks, and we work to get people to change their behaviors as well as understand the processes for keeping their devices and online accounts safe, particularly as phishing attacks become more sophisticated.

Speaking of the human side, which professionals are most exposed to cyberrisk?

All of them. Cybersecurity needs to be embedded into the company culture from the most entry-level positions to the most senior, because hackers can access information at any level. We’re all vulnerable, from the break room to the boardroom. We often tell small business owners that they must also train their employees to recognize malicious links and emails, as employees can often be the weakest link when it comes to cybersecurity at the office.

What is your reaction when you learn that the information of 500 million Marriott guests may have been exposed?

Marriott is a great example of a company doing as much as it can to prevent an attack but still being targeted. They were not laissez-faire about their security. So, I see it as a warning for everyone to remain extremely vigilant in the face of increasing numbers of cyber attacks. If it happens to Marriott, we’re all vulnerable to an attack of this nature.

Small businesses seem just as susceptible to cyberrisk as large ones. How would you advise small businesses to protect themselves?

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Small businesses are more at risk and they often have information, such as customer data, that’s just as valuable to hackers as that of the customer data from large corporations. Small businesses often don’t have the resources to invest in a prevention plan, nor do they have the capital or leadership or knowledge about cybersecurity. This is why they’re often targets for hackers.

Our advice for small businesses doesn’t vary much from what we advise to all people: Keep a clean machine by keeping software updated, use stronger authentication and passwords, recognize and avoid phishing links, etc. If [a small business] decides to hire a third-party vendor for cybersecurity, we advise them to do their research and hire a reputable vendor. We also encourage them to attend our regional CyberSecure My Business events in their local community, or take part in a CyberSecure My Business webinar.

What new initiatives or campaigns will you be overseeing for in 2019?

In 2019, our overarching goal is to empower individuals and – at the same time– focus on educating businesses to respect privacy, safeguard data and enable trust. This means that consumers need to know how organizations collect and use personal information and companies of all sizes need to be transparent and communicate in an accurate and consumer-friendly language to their customer base.

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We will share key messaging and provide actionable tips to help protect privacy. NCSA and our highly engaged partners will host numerous events that will shine a spotlight on the rapidly changing technology landscape and forging ahead toward the future of privacy. We plan to engage industry leaders with diverse perspectives to address opportunities and challenges. In addition, we will soon be launching our Champions program which is a way for both individuals and businesses to officially show support. We expect to launch the Champions portal – along with additional Data Privacy Day information – in mid-December 2018.

What changes or improvements are in store for National Cyber Security Awareness Month (NCSAM)?

I don’t believe NCSAM needs a shiny new toy each year. Our plan is to engage a much larger audience. NCSAM continues to reach more and more people every year, but there are still significant numbers of Americans who need to hear our message – not just during October but throughout the year. We want to connect these folks more with our proven tips for staying safe and secure online. Our goal at NCSA is reinforcing our cybersecurity best practices among a broader audience to better impact online behavior.

Q&A: Resiliency in India

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The 2018 Lloyd’s City Risk Index was analyzed during the RIMS Risk Forum India in Mumbai, and it notes a possible turning point for the subcontinent’s cities regarding resiliency. In short, Indian cities were rated as weak, but recent government and public investments and campaigns that focus on strengthening infrastructures and people may strengthen those assessments.

During a November 14 morning session, “Assessing the Impact of Natural and Man-made Threats on India’s Economy,” Shankar Garigiparthy, country manager and CEO of Lloyd’s India discussed how much economic output (GDP) cities in India could lose annually as a consequence of various types of rare risk events – such as the Kerala floods this past July – or from more frequently occurring events such as cyberattacks.

He discussed with Risk Management Monitor reasons why he is hopeful for a resiliency turnaround in India and how the combined wills of the government, media, public and business can strengthen the country’s infrastructures and ultimately, its risk ratings.

RMM: How do India’s cities rank in Lloyd’s City Risk Index?

SG: Lloyd’s City Risk Index was published three months ago and we researched 279 cities. We found that a vast majority of cities within the subcontinent of India have been rated as very weak from a resilience point of view. They are at high risk for flood, geopolitical security, market crash, just to name a few.

RMM: What steps are being taken to improve the collective resiliency?

SG: What we have seen in last three or four years is a significant level of investment from the government in terms of building infrastructure. It’s been in the form of roads, bridges, railways, ports, and airports, there has been a significant level of investment. And it seems there is more to come. In the budget, the government has announced more – which is encouraging to see from an infrastructure-building point of view.

However, where we still see a bit of lack is in the area of insurance penetration in the country. That’s where I think insurance companies can be a useful partner and tool to mitigate some of the level of these risks.

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RMM: Could this be a chance for insurers to get in on the ground floor of India’s improvement projects?

SG: Yes.

RMM: What incidents have influenced the government to act?

SG: The Chennai floods [in 2015] and the floods in Kerala [in July]. That was a once-in-a-hundred-years occurrence. The entire state was flooded, which I think was the first of its kind. It was completely underwater.

Similarly, the Chennai floods marked another major event. Since then, monsoon has happened but the level of flooding has been managed pretty well.

In the session, we examined the Mumbai floods in 2005. And even last year, there was flooding here for a day, but within a day the water receded pretty quickly and was pumped out. The machinery kicked in and we were able to get out of it pretty well.

RMM: What led to that success?

SG: It was a combination of low tide and the government investing in the necessary pumping mechanisms to actually pump the water back into the sea, and unclog some of the stormwater drains as well. Steps are being taken, slowly but steadily.

RMM: What other institutions are taking measures to build resiliency?

SG: There are a few companies [which I won’t name] that are leading the way and it is encouraging to see that.

The media is also equally playing a fairly significant role as well. That’s also helping because public awareness is something that is critical. The media is raising awareness in terms of the importance of protecting your infrastructure and environment and the need for trees and planting.

RMM: Would you agree that the will to change and improve existing infrastructures is as important as the funding?

SG: I think it’s all there. The government has shown willingness to improve infrastructure. The people have demanded it, so there is a push and a pull coming from both sides. And we are seeing that development happen. Compared to where we were five or ten years ago and where we are now, there’s been a massive change.

There is still more that can be done. I’m not saying that we’re there yet. But it’s not an easy thing, as well.

Given India’s geography and how the political scenario is within the country, we will always be exposed to natural catastrophes.

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Flooding is going to be a constant phenomenon for us.

There is investment being done but it’s patchy. In some states there has been fantastic infrastructure investment and in others, less so. I think that has got to be addressed and that’s where the public [should be] demanding more actions there, where infrastructure investment has not been up to the mark.

Eyes on the Road, Hands on the Wheel – Organizations Focused on Distracted Driving

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It is probably not shocking to learn that distracted driving is fast becoming a huge problem.

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The introduction of the smartphone, that clever device that allows you to text, email, speak with a friend and, ugh, take a video of yourself hopping out of your car and dancing while it’s in drive, is right at the center of the blame.

For parents, the thought of their newly licensed teenager taking the family sedan out – with their phone in hand – can be frightening.

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And, it should be. According to the Children’s Hospital of Philadelphia distraction was a key factor in 58% of crashes involving drivers ages 16 to 19.

But, distracted driving is not something that only parents should worry about. “When it comes to preventing distracted driving, people often worry about their teenage drivers — but what about conversations happening at the office or while people are on the job?” said Jordan Solway, Group General Counsel and Vice President of Claim, Travelers Canada.

Travelers’ public policy arm, The Travelers’ Institute, recently commissioned a poll that highlighted the importance for businesses to identify the risks of distracted driving with their employees. The poll found that 37% of Canadian drivers answer or make communications while driving. Of these drivers, 14% cited “wanting to always be available for work.” as a key reason for their distractions behind the wheel.

But, always being connected can create risks. “When you’re involved in a conference call, you’re paying less attention to your surroundings,” Solway said. “Driving is a complex function that requires visual (eyes on the road), physical (hands on the wheel) and cognitive processing. Taking your eyes off the road for just two seconds actually doubles your chances of an accident.”

Countless organizations, public agencies, universities and other businesses employ the use of fleets, while other organizations rely on their employees to drive from location to location in their own vehicles as part of the course and scope of their responsibilities.

“In Ontario, similar to other provinces, it really does not matter if the vehicle is owned by the employee or the organization, if there is an accident caused by distracted driving and the driver was in the course and scope of his or her employment, the organization can be held liable,” Solway said. “This isn’t something just big businesses need to worry about.  In fact, the opposite. A distracted driving judgment against a smaller, neighborhood business has the potential to have significant financial consequences.”

The 2012  $21 million jury award against Coca-Cola for a distracted employee who was driving was a wakeup call to all organizations that:

1) companies can be held liable for their employees who operate vehicles while distracted,
and
2) organizations can even be considered negligent if they do not have a distracted driving policy or if their policy is inadequate.

There is a great opportunity for risk professionals to step in and develop policies procedures that address distracted drivers and mitigate the consequences of their actions to their organizations.

“Fundamentally, every business should have a [distracted driving] policy. There should be training on the policy. And, not only should the policy require compliance with the applicable law, but also, it should have clear direction on how and when mobile devices should be used in a vehicle,” Solway said.

Travelers Canada recommends four key steps to making a distracted driving policy more effective:

Training and continuing education are great but it shouldn’t stop there. “The organization has to enforce progressive disciplinary action against those violating the policy,” he said.

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“They must be warned and dealt to further demonstrate that the organization is serious when it comes to distracted driving.”

Technology will be a key solution to combatting distracted driving. Most new vehicles are equipped with hands-free technology, cellular devices now feature a Do Not Disturb Function and some organizations have installed video recording devices in vehicle cockpits – all great options for promoting safer driving habits.

“In the not so distant future sensors, collision warnings, smarter-cars and autonomous vehicle operating systems could help keep drivers’ eyes on the road, hands on the wheel and minds focused on safe driving,” Solway said.