Tag Archives: Data Security

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New York City’s New Biometric Information Law Governs Collection and Use of Consumer Health Data

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For risk professionals, the COVID-19 pandemic has increased the importance of ensuring customer and employee safety measures are incorporated into operations, processes and future strategies. As many businesses reopen from pandemic shutdowns or return from remote work arrangements, some enterprises are now exploring both the effectiveness and the risks associated with conducting health screenings that collect biometric information and other personal health data.

This month, New York City released the Biometric Information Law, a new measure that goes into effect on July 9 and imposes disclosure requirements on businesses that collect consumer biometric information.

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It also sets parameters on what they can do with that information, most importantly, prohibiting the exchange of biometric information for anything of value.

As detailed in recent client notice from the law firm Reed Smith, highlights from the law include:

  • The measure requires a business that “collects, retains, converts, stores or shares biometric identifier information of customers” to place a “clear and conspicuous sign” near all consumer entrances that, in plain language, discloses the collection, retention or sharing of biometric information.
  • It stipulates that it is unlawful to “sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of biometric identifier information.”
  • It establishes “an ‘aggrieved’ consumer’s private right of action,” meaning that “[a]ny person who is aggrieved by a violation by this chapter is entitled to commence an action to enforce its protections.”

There are key exclusions, however, as “governmental agencies, employers, or agents” are expressly excluded from compliance with any provision.

New York is not the only state to enact a law attempting to govern how organizations can use biometric information. Arkansas, California, Illinois, Texas and Washington have also set guidelines for businesses.

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Indeed, the recent Risk Management Magazine article “Preparing for Biometric Litigation from COVID-19” addresses the imminent and critical questions businesses must answer when collecting and handling such data.

Sensitivities surrounding the confidentiality of biometric and other health information are not new in certain industries, such as healthcare. Further, even before COVID-19, risk professionals were already grappling with the risks associated with new biometric technologies and the data collected, especially with regard to facial recognition, wearables and even the rise in popularity of telehealth.

Now, with every organization on high alert about infectious diseases and how quickly they can interrupt business, health and safety have become top priorities for every risk professional in every sector.

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As risk professionals look to new technology for help with these concerns, monitoring the emerging regulation and security risks around health and biometric technology will become increasingly critical in balancing benefit and risk to their organizations.
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Data security will continue to remain a significant threat, but New York’s Biometric Information Law should serve as a reminder that what the organization does with that data can also have a lasting impact on the enterprise’s reputation and consumer trust.

For more information to help risk professionals manage new health technology and data, check out these articles from Risk Management Magazine:

Successfully Navigating Identity Management Strategies

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For many CISOs, overseeing identity management represents a significant challenge and a substantial component of their broader security ecosystem. In a nod to its importance, the National Cyber Security Alliance even recently kicked off the first ever Identity Management Day. It is also central to a number of critical issues that urgently need a CISO’s attention, namely data access governance, data loss prevention and cloud application security.

When navigating the vital issue of identity, the top considerations include:

Data Access Governance

Data security spans two areas of organizational risk: unauthorized data use and privacy issues associated with authorized data processes. When evaluating an identity management strategy, it is imperative to start at a high level, which includes data access governance to limit access and meaningfully reduce the risk of loss or theft.

An effective end-to-end approach provides visibility and controls to identify risk and protect sensitive information across cloud and on-premise networks while also keeping digital communications compliant. This approach involves establishing a data governance program, which includes data inventory, data mapping, needs-based permissions and, ultimately, data retention and erasure. Critical components in overall data access considerations include understanding what data is being collected, where and how it is stored, who is accessing that data, protection mechanisms in transit and at rest, and how long the data is being retained.

Proper data access governance is essential to ensuring successful digital transformation as remote/hybrid work continues, both email and cloud apps remain core communication channels, and social media continues to drive business.

Data Loss Prevention

Protecting information both at rest and in motion are important elements of another identity management issue: data loss prevention (DLP). Data is lost due to negligent, compromised, or malicious users and it is important to approach DLP in manageable terms. For example, full data classification and discovery is idealistic for many. Complete reliance on both fronts is hard, if not impossible.

Traditional data loss prevention approaches, such as full data discovery, have arduous requirements and usually involve mandatory outsourcing for development and monitoring. In fact, many CISOs only want to tackle the DLP challenge once in their career.

Fortunately, modern strategies are available to manage DLP efforts that focus on protecting the most sensitive information in terms of content type, context, and user behavior. These include systems that issue accurate alerts, reduce investigation time, and focus security teams on risky user behavior rather than solely on classification violations.

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An approach that places an emphasis on user behavior, in addition to classification, is pivotal to identifying compromised accounts and phished users. Data does not lose itself, but proper DLP can stop bad actors and insider risks from siphoning critical assets.

Cloud Application Security

In a Cloud Security Alliance study of 200 IT professionals, 83% indicated that cloud security is a top area for improvement. This is not surprising in our current climate as CISOs are constantly struggling to ensure they have visibility and control over how users access and share sensitive data in the cloud. It only takes one compromised account to expose an organization to significant risk.

For example, according to a 2020 Proofpoint analysis of over 20 million cloud account users and thousands of cloud tenants across North America and Europe, attackers are increasingly abusing legitimate OAuth authorization apps to exfiltrate data and maintain persistence on specific cloud resources after compromising an account.

Over the last year, threat actors targeted 95% of organizations with cloud account compromise attempts, and more than half of organizations were successfully compromised at least once. Discovering cloud apps and reducing shadow-based IT—including third-party OAuth authorization apps—helps limit accessing and sharing data to only authorized users.

Every cloud app security broker (CASB) strategy needs to address how individuals handle data and the threats targeting them. It is imperative that threat visibility and adaptive controls extend to the most attacked people and operate effectively in the cloud.

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This includes deployment of multifactor authentication solutions, the ability to detect suspicious login attempts, and user education.
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Also, deployed cloud DLP policies need to align with those for email and on-premises file repositories. Finally, DLP incident management should be centralized and span across cloud apps.

The issue of identity management will continue to play a central role in security strategies for years to come. Focusing on data access governance, modern DLP and effective cloud app security can help significantly reduce an organization’s risk.

Combating Fraudulent COVID Unemployment Claims

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As federal and state officials scramble to send unemployment and stimulus funds to help people hit hard by COVID-19 business shutdowns, it has become a perfect storm for cyber fraud.

The payments are an easy target for cybercriminals as hackers and cyber gangs around the world have started to file unemployment claims use stolen identities. Some criminals claim benefits in the names of dead or incarcerated people, while others set up shell companies, “hiring and firing” fictitious employees to collect payments.

For example, cyber gangs in Nigeria have stolen millions in benefits from multiple states using hacked names, Social Security numbers and other information sold for as little as two dollars each on the dark web. In New York, a man was charged with filing more than $1.4 million in false COVID-19 unemployment claims, using the stolen identities of over 250 unknowing victims. According to U.S. attorneys, he was caught in part because he used the same IP address and security question and answer—the name of his family dog, Benji—to submit the applications.

The U.S. Department of Labor estimates fraudsters may already have stolen at least $63 billion through phony jobless claims, while other reports say the losses could be as high as $200 billion. In addition, unsuspecting victims are at risk of receiving surprise tax bills because cybercriminals stole their identities and filed fraudulent claims for COVID-19 unemployment payments.

Watch Closely for Signs of Fraud

The Federal Trade Commission warns that unemployment fraud puts workers at additional risk of identity theft crimes including tax fraud. What can you do to help protect your employees?

Unemployment fraud is often uncovered when employers are notified by state officials that employees have applied for benefits. If they are still working, they may be the victim of identity theft.

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Be alert to the signs of cybercrimes and unemployment fraud. Contact your human resources department or tax administrator and ask them to look carefully at any notices or requests they receive from state unemployment officials. If you get a report about unemployment benefits that an employee did not request or receive, contact the employment division of your state labor department. Unemployment fraud is so widespread that most states have set up special procedures to deal with these situations.

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Warn Your Employees

Let employees know that unemployment scams are a serious problem. Identity theft can also lead to tax fraud, credit card theft and loans taken out in their names.

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Notify a working employee immediately if the state informs you they have filed for unemployment benefits. They may be the victim of identity theft and should file a police report. Officials say workers scammed by cybercriminals do not have to pay unemployment taxes, but they must report the crime to the state labor department. And they should file their federal and state taxes on time for the correct amount of their income. The U.S. Labor Department has created a special website for victims of unemployment fraud.

Review Your Cybersecurity

Much of the personally identifiable information used by cyber thieves comes from data breaches, phishing schemes and other cyberattacks. Remind employees, particularly in human resources and tax departments, to be alert for suspicious emails, telephone calls and text messages about payroll information or W-2 forms.

The threat will continue beyond the pandemic. Business email compromise, in which employees are tricked into paying company funds into fraudulent accounts, is at an all-time high, so make sure employees have regular cybersecurity training. If you haven’t conducted a data inventory, do so now. Once you know what data you keep, you can determine what controls you require to protect that data. Store employee records securely and dispose of personally identifiable information carefully. It is also advisable to use a secure email gateway, which protects from spam, viruses, malware and denial-of-service attacks, and make sure employees working remotely are using secure company devices. Install patches and software updates, setting up automatic software updates whenever possible.

Unemployment or tax fraud targeting multiple employees may indicate a data breach. If you have a theft or cyberattack, contact your insurance carrier and, if necessary, seek expert help to identify the source, the extent of the problem and how best to respond.

Building Effective IT Disaster Recovery Plans

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No matter how well-managed IT infrastructure is, there is always the risk that a tiny hiccup could ultimately turn into a real emergency. Given the increasing reliance on technology tools and access to business-critical data to continue operations, every business should have an effective IT disaster recovery plan in place to minimize disruption when disaster strikes. Risk professionals must consider and plan for this situation with regular testing and run-throughs to ensure that all team members understand the recovery plan and know their responsibilities.

As natural disaster season begins, risk professionals should assess the risks and mitigation strategies in place to minimize disruption and losses. The following tips can help ensure that IT disaster recovery plans are as effective as possible:

Plan in the Risk Management Context

Instead of thinking too much about what a disaster would mean for your company, frame your recovery plan in the context of risks. Start by examining which risks your company faces, and what steps you can take to minimize each one. This will ensure that all teams are fully aware of what the risks are, and how they can make a difference in eliminating potential problems.

Prioritize Communication

Nothing exacerbates a disaster like a communications breakdown, so all good recovery plans should focus on communication. The onset of an IT disaster could impact communication systems, so plan an alternative way of communicating with teams in the event of an emergency. Ensure that all team members know the backup communication method, and that everyone understands who they need to contact to inform them of the situation. 

Protect Data Continuity and Backups

Data continuity planning is critical to minimize losses during a crisis. At its essence, data continuity ensures companies have alternative processes and infrastructure in place to allow key IT operations to remain intact, taking into account both hardware and software. A first step is often to invest in failover systems across multiple locations as well as backup generators and power supplies, and ensuring you keep them all in working order.

Data continuity also involves backing up all important data and storing it in a location away from potential disruption. Methods range from server replication to continuous protection (continually backing up data on a separate server). For data back-ups, businesses often choose disk-to-tape or disk-to-cloud models. Either way, the most crucial element of backing up data is knowing what to replicate and what to leave. Archiving everything available can mean greater expense, but being selective can increase the risk of losing information. The rule of thumb is that, as a minimum, any backed-up data should be capable of restarting business operations from scratch.

Define Acceptable Downtime 

The amount of downtime that a company can feasibly take varies considerably depending on the company’s size and the products or services it provides. Think about how a disaster could affect your company, then decide on the steps that you’d need to take in different potential scenarios. In most cases, a few minutes of downtime rarely constitutes a total disaster, so focusing on recovery plans that can get systems back up and running as quickly as possible will help keep losses as low as possible. Cloud-based technology can be very helpful in such disaster scenarios since data is off-site and services stay operational even if your physical location is impacted.