Guide: Data Privacy

Communication of Data Breach: Repairing Your Reputation and Staying Compliant

Data breaches continue to become increasingly common with more severe consequences for businesses and individuals. With a large amount of data leaked each year from breaches, organizations need to communicate effectively and transparently with those affected. Some jurisdictions even require this communication by law. This article covers the process of communicating a data breach by discussing the following topics:

To learn more about Data Privacy with Satori read our Data Privacy Guide.

Data Breach Communication Requirements

The requirements for communicating a data breach vary depending on the jurisdiction and industry. In the United States, for example, there are different requirements for reporting data breaches under state and federal laws. For example, the Health Insurance Portability and Accountability Act (HIPAA) requires data breach reporting at the federal level for health care providers. At the state level, the California Consumer Privacy Act requires data breach reporting for all organizations processing data on California citizens.

In general, organizations must notify individuals whose personal information is compromised in a data breach. The notification should typically include information about the nature of the breach, the types of data that were compromised, and the steps that the organization is taking to address the breach. Organizations may also be required to notify law enforcement, credit reporting agencies, and other regulatory bodies.

In the European Union, the General Data Protection Regulation (GDPR) requires organizations to notify the appropriate supervisory authority within 72 hours of becoming aware of a data breach. For breaches unlikely to result in a risk to the rights and freedoms of individuals, reporting to the supervisory authority is not required. Organizations must also notify individuals without undue delay if the data breach is likely to result in a high risk to their rights and freedoms.

How to Communicate a Data Breach

When communicating a data breach, always keep your messaging clear, transparent, and timely. Here are some steps organizations can take to effectively communicate a data breach:

  1. Assess the situation: Gather information about the nature and scope of the data breach and determine who it affected.
  2. Notify affected individuals: Send out notifications to affected individuals as soon as possible. The notifications should include information about the nature of the breach, the types of compromised data, and the steps that the organization is taking to address the breach.
  3. Create a dedicated webpage or hotline: Provide a dedicated webpage or hotline for individuals to access more information about the data breach and to ask questions.
  4. Be transparent and honest: Provide clear and accurate information about the data breach and be transparent about what steps the organization is taking to address it.
  5. Offer support: Offer support to affected individuals, such as providing credit monitoring or identity theft protection services, if appropriate.
  6. Follow-up: Follow up with affected individuals to ensure that they have received the information they need and to answer any questions they may have.
  7. Be responsive: Be responsive to media inquiries and other stakeholders, but be cautious about what information you share publicly.

Best Practices for Communicating a Data Breach

Communicating a data breach requires organizations to walk a tight line between remaining transparent and maintaining their reputation. To communicate a data breach more effectively, follow these five best practices:

1. Respond promptly

The most important aspect of communicating a data breach is to do it promptly. It is essential to notify affected individuals as soon as possible after a data breach has occurred. This minimizes the potential harm caused by the breach. The sooner individuals are notified, the sooner they can take steps to protect themselves, such as changing passwords or freezing credit accounts.

2. Remain Transparent

Organizations should be transparent and honest about the nature of the data breach, the types of data that were compromised, and the steps the organization is taking to address the breach. This shows that the organization takes the matter seriously and is committed to protecting the personal information of its customers and stakeholders.

3. Offer Support

Offering support after a data breach helps affected individuals minimize damage. The support offered can include providing credit monitoring or identity theft protection services, if appropriate. It is also important to be responsive to questions and concerns. Organizations can also set up a dedicated webpage or hotline for individuals to access more information about the data breach.

4. Create and Maintain a Communication plan

Having a clear communication plan and incident response plan in place before a breach occurs, can help organizations to quickly and effectively communicate a data breach. This plan should include the key stakeholders, and their roles, responsibilities, and contact information, as well as the messaging and communication channels that will be used.

5. Seek Professional Help

Hiring a professional crisis communication firm can help you optimize your communications with an expert by your side. These firms specialize in helping businesses recover their reputation after a crisis event such as a data breach.

Assessing Your Cybersecurity After a Data Breach

Assessing your cybersecurity after a data breach is critical to understand the cause of the breach, prevent future breaches, and regain the trust of customers and other stakeholders.

One of the first steps an organization should take is to conduct a forensic investigation. With a forensic investigation, organizations can determine the cause of the data breach, the types of data compromised, and the extent of the damage. The information gathered during this investigation can help improve security measures and prevent future breaches.

After completing a forensic investigation, organizations can review their security controls to identify any vulnerabilities or weaknesses that may have contributed to the data breach. This may include reviewing network architecture, access controls, and incident response plans.

Once the cause of the data breach has been identified, organizations can implement remediation steps to address the problem and prevent future breaches. Alongside implementing a remediation plan, communicating all remediation steps with the public. This communication shows the organization takes the data breach seriously and strives to avoid any future data breaches. Through this open communication, companies can work towards rebuilding trust with customers and stakeholders.

Conclusion

With clear and timely communication following a data breach, organizations can remain compliant as well as rebuild trust with customers and stakeholders. Companies can work towards rebuilding this trust by staying transparent throughout the entire process and highlighting cybersecurity changes as a result of the breach. Satori’s data security platform provides just-in-time and self-service access to data that helps organizations avoid data breaches while increasing productivity, compliance, and risk. 

To learn more:

 

 

Last updated on

February 28, 2023

The information provided in this article and elsewhere on this website is meant purely for educational discussion and contains only general information about legal, commercial and other matters. It is not legal advice and should not be treated as such. Information on this website may not constitute the most up-to-date legal or other information. The information in this article is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the information in this article and all liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed. You must not rely on the information in this article as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. This article may contain links to other third-party websites. Such links are only for the convenience of the reader, user or browser; we do not recommend or endorse the contents of any third-party sites.