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RIMS Report: The California Consumer Privacy Act of 2018

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.

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

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.

RIMS Risk Forum 2018 India Kicks Off In Mumbai

MUMBAI – The inaugural RIMS Risk Forum 2018 India launched on November 13, and leading risk professionals from India and Asia-Pacific countries met for two days to address the challenges facing companies in the region. In a country of 1.3 billion people, expectations are for India’s risk management profession to grow, though some presenters acknowledged the proactive need to fill a potential talent gap.

During the opening keynote address, Dr. Viswanathan Ragunathan, CEO and general manager of the Varalakshmi Foundation said that examining the role of risk in Indians’ behavior and culture will initiate the dialogue among students and aspiring professionals.

“We are obviously a contradiction,” he said. “We are, at once, eternal optimists and fatalistic. At one level you can relate to what I’m saying in that Indians do not take too much risk in their day-to-day lives. Yet anyone who has taken the Mumbai trains knows…it’s almost as if we have a death wish.”

Ragunathan also discussed approaches he tends to use to assess risk, including viewing them in a VUCA environment (volatility, uncertainty, complexity and ambiguity), where one weighs how much of a situation is known against the results of controllable actions and their predictability.

“The management of volume,” he said, is ultimately at the heart of India’s challenges, and that issue is exacerbated by interconnected risks, such as a dense population and struggling infrastructure. He proposed transparency and broad communication within the Indian risk management community as starting points for solutions.

“The risk manager who understands the risk but does not share it widely does not help,” he said.

As the forum progressed, ISO31000 implementation, natural disasters and resilience, infrastructure, risk frameworks, data storage and diversity hiring practices were some of topics that received special focus on Tuesday.

“The State of Risk Management in India” was a Marsh-led panel on the findings from the newly-released, India-wide survey on risk management practices co-conducted by RIMS. The report found that risk managers are a crossroads in India, where they can assume greater leadership roles that transcend just compliance and insurance matters and can expand their knowledge base, hone their skillsets and gain access to best practices, tools and technology.

During “Thinking About Thinking in Risk Management,” Peter Young, PhD of the University of St. Thomas’ Opus, discussed the major questions facing risk managers today. He discussed how, according to his findings, experience rises dealing with uncertainty – as opposed to risk – as one looks further up on the corporate ladder.

“Risk is uncertainty when you have the capacity to measure it, and when you get to the executive suite you hardly ever deal with risk at all because you’re responsible for the strategy,” he said. “I would submit that’s broadly true among organizations at all levels. We are little ships bobbing in a big sea of uncertainty.

“[Executives] can bring a level of comfort operating in an environment of uncertainty. That turned out to be only partly true, but we think it’s an abiding truth that is slowly revealing itself.”

“Diversity in Corporate India” inspired some spirited discussions about how women’s voices and the concept of assumption are emerging as integral parts of hiring practices throughout organizations in India. Panelists were Ragunthian, Praveen Gupta, CEO of Raheja QBE General Insurance Co., and Carissa Hickling, Talent Acquisition Strategy and Technology Global Consultant for Siemens Technology India.

They spoke of how efforts to better represent women have progressed. Additionally, gay and lesbian communities are experiencing a new level of acceptance now since September, when the Supreme Court of India ruled parts of Section 377 – which was introduced in 1864 – was unconstitutional for criminalizing homosexuality. The panel agreed that while talent itself should win above all else, they acknowledged that it was a sign of progress for the nation and should be thought of as such by its corporate sectors. Hickling explained how Indian companies can now use be more open-minded in their hiring and promotion practices.

“When we look at onboarding plans and organizations, these are the moments of truth,” she said. “We can have conversations about making a small change to our HR system because this is an opportunity to change the first impression of our organization.”

She added that Siemens leadership is taking the initiative to recognize same-sex partners when discussing health benefits and taking the progress a step further extending the welcoming to transgender workers. “This is all happening very fast,” she said, “but it is a time when an organization can demonstrate that this is a time when this does matter.”

For more coverage of the forum, visit Risk Management Monitor’s Q&A with Shankar Garigiparthy.

Live RIMScast coverage of the forum is also available. Download Speaking with Leaders in Risk Management Part I and Part II.

And exclusively for RIMS members, download Peter Young’s audio live from Mumbai: Thinking about Thinking in Risk Management: New Skills for the Future.

Using Adaptive Behavioral Analytics to Detect Fraud

While fraud threats are nothing new for payments processors and financial institutions, the degree and magnitude of such incidents have escalated in recent years. A February 2018 Javelin study found that nearly 16.7 million consumers were victims of identity fraud in 2017—up 8% from the previous year.

Fraud prevention solutions must be flexible and sophisticated enough to not only counteract increasingly-savvy fraudsters, but also distinguish true fraud from false positives, which occur when genuine activity is mistakenly treated as fraud. According to CreditCards.com, four out of five blocked transactions are actually genuine, and these misunderstandings often result in customers being locked out of their accounts. In many ways, the aftermath of false positives can prove more damaging and costly than an actual instance of fraud, as institutions miss revenue generation opportunities while simultaneously hindering customer loyalty and trust.

As consumer payment technologies evolve, so too will the complexities of fraud detection and mitigation. Therefore, it is vital that risk management teams end their reliance on rigid, manually-programmed rule sets or static machine learning models and instead capitalize on the advanced capabilities offered by today’s more versatile tools. By modernizing their fraud strategies with adaptive behavioral analytics, payments processors and financial institutions can better mitigate risk and increase revenue.

How Does it Work?

Unlike the static machine learning of the past, adaptive behavioral analytics are extremely proficient at differentiating between actual fraud and activities that appear suspicious but are ultimately genuine. As a result, friction in financial services and e-commerce is significantly reduced and customers can maintain confidence in their preferred transaction method.

Adaptive behavioral analytics empowers machine learning through a set of sophisticated, automated, self-learning algorithms that review account activities and notify security teams of anomalies.

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These algorithms construct baseline behavioral profiles to reflect a customer’s activity type and frequency. In every interaction—regardless of if a payment occurs—information is gathered and evaluated on the type of device that is used, how it’s used, its location and the amount of the purchase. Combined, these behaviors create a customer portrait that becomes increasingly more accurate over time. Every subsequent interaction then can be measured against the behavioral portrait, within milliseconds, to determine if their activities are fraudulent or genuine.

For example, if a user logs into his or her account at an abnormal rate or suddenly begins adding priority shipping to high-priced orders, the system will detect the irregularity and block future activity. However, if a user simply purchases an expensive holiday gift or books travel arrangements—behaviors that coincide with seasonal activity—the system will recognize and differentiate the fraudulent from the legitimate accordingly.

Adaptive behavioral analytics also optimizes the speed and convenience of fraud detection by processing volumes of data and delivering critical intelligence accurately and immediately. Through this more comprehensive investigation, the software enhances the customer profile to better understand and recognize behavioral trends—a welcome sight for security teams that previously spent hours sifting through reports to locate red flags.

Where Can Adaptive Behavioral Analytics Help Most?

The ubiquity of mobile technology has created a consumer audience who prefers to conduct business through a smartphone, tablet or another device that eliminates a trip to a physical store or bank branch. In turn, these consumers demand leading-edge mobile technologies that are intuitive, convenient and offer a full range of services.

The combination of the U.S. adoption of the EMV standard in 2015 and the rise in e-commerce has escalated the volume and prominence of Card Not Present (CNP) fraud. Whether through online purchase portals or apps that access mobile wallets, the digital entry of account information raises the likelihood of a person’s information becoming compromised.

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With more transactions taking place, the volume of both true fraud activity and regular behaviors that appear suspicious will increase. However, adaptive behavioral analytics enables a more refined detection between the actual fraud and genuine activity.

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It is the best of both worlds: a much-needed, innovative line of defense that combats payments fraud and clears a path for more revenue-generating transactions.