Businesses in all industries and of all sizes are collecting data about their customers, potential clients, and workforce. This collection can be as simple as processing credit cards for purchases or gathering data about consumer behavior on websites or social media platforms, or can include a robust collection of sensitive financial, location, or health information. In the event that an incident occurs, a business is obligated to respond quickly to address the pitfall and potentially inform consumers that their information may have been subject to an unauthorized access according to applicable national or state laws. Navigating these unchartered waters usually involves bringing in counsel to assess whether a “breach” has occurred, how much, whose and what information was accessed, and to potentially prepare for litigation from those consumers whose data was subjected to the breach.
As part of this response, counsel often calls on cybersecurity experts to provide incident response services and breach analysis to understand the severity of the breach and the company’s data security posture. These forensic assessments can be used in a variety of ways, including helping determine the immediate steps that need to be taken to comply with data breach laws, ensure that the compromise is resolved, or troubleshoot potential weak points in the company’s cybersecurity safeguards to develop a stronger infrastructure to avoid future incidents.